DEFENSES
A strong defense is built one piece at a time
Just because you have been charged with a crime, it doesn't mean you are guilty. The Ford Law Office can utilize a well-planned defense strategy to help protect you. Here are some common defenses that have been successful in the past.
ILLEGAL STOP, SEARCH, OR SEIZURE
Commonly used for charges of drug possession, DUI and other driving charges
If law enforcement engaged in improper conduct during the stop, search, or seizure, then we can seek to have the evidence suppressed, if it was obtained illegally. A motion can be filed and we can request a hearing in front of the judge. If a judge finds that a law enforcement did something illegal to obtain the evidence against you, the judge can stop them from using that evidence at trial. If the prosecutor does not have sufficient evidence to convict without the illegally obtained evidence, then they don’t have a case against you. Illegally obtained evidence is sometime referred to as fruit of the poisonous tree. The concept is that if law enforcement can’t use illegally obtained evidence anyways, then why bother getting it illegally. The purpose of the rule is to keep everyone honest and protect your constitutional rights.
INSUFFICIENCY OF THE EVIDENCE
This could be a defense in any case
To convict you, the prosecutor has the legal obligation to prove beyond a reasonable doubt that you committed the crime. You don't have to prove that you didn't commit the crime. Just because there is some evidence, it doesn’t mean that it is sufficient to prove the case beyond a reasonable doubt. The prosecutor must prove each element of the crime. A competent, skilled defense attorney may be able to poke enough holes in the prosecution’s case to show that the evidence is not enough to convict you.
MOTIVE
This could be a defense in any case, but is common in battery, domestic violence and drug charges
In cases where a witness against you is not telling the truth, an important part of a good defense is establishing a reason why that person would lie. This requires an aggressive and well thought out defense strategy, by a seasoned criminal defense attorney. In some cases, it may be beneficial to use the services of a trained private investigator to help shed light on the reality of the situation. You can’t wait around for the truth to come out.
IDENTITY
Common defense in theft, burglary, and drug charges
In a criminal case against you, it is not enough for the prosecutor to simply prove that a crime was committed. The prosecutor must also prove that you were the one that committed it. In some cases, a witness may simply be mistaken, and in other cases, the witness may be intentionally lying. If we can bring into question whether you were the person that committed the crime, then the prosecutor has failed to meet his burden of proof. This result doesn’t just happen by accident, you need an experienced attorney that takes a proactive approach to your defense.
SELF DEFENSE
Common defense in violent crimes such as battery, domestic violence, or firearm charges.
You have a legal right to defend yourself and others against violence. When it is reasonable to do so, you can meet force with force. Under certain circumstances you have no duty to retreat. You don’t have to wait around to be a victim before you can defend yourself. Fortunately, Florida has some significant self-defense laws. When argued effectively by a skilled trial attorney, they can be used to get an acquittal at trial and in some cases, the charges may be dismissed before trial.