DEFENSES
A strong defense is built one piece at 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 protect you. Here are some common defenses that have been successful in the past.
ILLEGAL STOP, SEARCH, OR SEIZURE
Can be a defense to charges of drug possession, DUI and other driving charges
If law enforcement did something that was improper during the stop, search, or seizure, then we can seek to have the evidence suppressed, because it was obtained illegally. If the stop, search, or seizure were improper then we can file a motion and request a hearing in front of the Judge. When a judge finds that 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 idea is that if law enforcement can’t use the illegally obtained evidence anyways, then why bother getting it illegally. It’s a way of keeping everyone honest and protecting your constitutional rights.
INSUFFICIENCY OF THE EVIDENCE
Can be a defense in any case
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. 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
Can be a defense in any case, but common in battery, domestic violence and drug charges
In cases were 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
It is not enough for the prosecutor to prove that a crime was committed, the prosecutor must prove that you were the one that committed it. In some cases a witness may be simply mistaken, or in other cases, the witness may be intentionally lying. If we can bring into question that you were not the person that did 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, DV, or firearm charges.
You have a legal right to defend yourself and other 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 substantial self-defense laws. When used effectively by a skilled trial attorney, they can be used to get an acquittal at trial and in some cases, the charges can be dismissed before trial.
ALIBI
Common defense in theft, property crimes and burglary charges
If we can establish that you were not the person that committed the crime because you were somewhere else at the time of the crime, then we can avoid a conviction.