Although many criminal cases resolve through plea negotiations, you shouldn’t automatically agree to a conviction without first thoroughly assessing your criminal defense options and the weaknesses of the prosecution’s case. The prosecutors on your case might come across confident in their ability to obtain a conviction in your case, but this might all be a bluff. And if you don’t call them out on the weaknesses in your case, then you might proceed under the false assumption that your likelihood of raising a successful defense is low. So, how can you tell if the prosecution’s case is weak? Let’s look at some tell-tale signs so that you know when you’re in a stronger position to push for a more favorable resolution or perhaps are even in a position to advocate for dismissed charges or an acquittal.
While there are several signs of a weak prosecutorial case, the state’s attorneys in your case might do a good job of masking their insecurity with the case at hand. Here are some indicators that you should look for that could be indicative of a weak case and thus an opening for you to attack:
- Incessant pressure to enter a plea bargain: The prosecution is going to push for a plea deal in most cases. But if the prosecutor in yours seems to be pushing excessively hard to find resolution, then it may be because they’re nervous about the viability of their case. So, if you’re being pressured to settle your case with a plea deal, think about why that could be.
- Lack of motive: The prosecution is not required to prove motive before it can obtain a conviction, but proving motive can go a long way toward proving intent. Depending on the exact charges, proving intent may be necessary to secure a conviction. So, if the prosecution is struggling to articulate your alleged motive for committing the crime in question, then their whole case might be on shaky legs.
- Evidence suppression is in play: The police have to seize evidence, store it, transport it and test it in accordance with acceptable practices and in line with the law. If there are problems here, then you might be in a strong position to block the prosecution’s evidence from being used against you. And if that’s the case, then the prosecution’s case is unstable.
- The prosecution’s witnesses lack credibility: Eyewitness testimony can make or break your case. The same holds true for the prosecution’s case. So, if after doing some research, you find that the prosecution’s witnesses have criminal histories, have made prior inconsistent statements or have a motive to testify against you, then you might be able to effectively attack their credibility in a way that leads the jury to give their testimony less weight. This is indicative of a major issue with the prosecution’s case.
You shouldn’t sit back and let the prosecution run the show in your criminal case. If you do, then they’ll likely obtain a conviction based on otherwise beatable evidence and legal arguments. So, before you finalize your criminal defense strategy, take the time needed to really think through not only the evidence supporting your side of the story, but also the prosecution’s. By doing so, you’ll be in a better position to identify prosecutorial weaknesses that you may be able to exploit to your advantage. Hopefully that will lead to a favorable outcome that preserves your freedom and your future.