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The Strongest Legal Defenses Part 2

In part one of this two-part series, the criminal defense experts at the Rickman Law Firm discussed some of the strongest legal defenses including mistaken identity, self-defense, false confessions, and accidents. In part two, we will explore more of the strongest legal defenses and consult the wisdom of a criminal defense lawyer in Tampa to see how you can ensure your innocence is preserved when accused of a crime. Remember, if you’ve been accused of a crime and require dedicated representation, contact a criminal defense law firm in Tampa.

Police Misconduct

Police misconduct has lead to many cases being thrown out over time, but the advent of body cameras has made the process of identifying cases of police misconduct significantly simpler than in the past when it was solely the word of the police officer against the word of the suspect.

There are many reasons why a police officer might choose to engage in criminal misconduct. They could be trying to hide a mistake from a superior, or they may be convinced that a suspect is guilty and try to manually alter the outcome of the case. Some of the most common forms of police misconduct include:

  • Lying during courtroom testimonies and falsifying arrest reports
  • Failing to handle evidence in accordance with mandated procedures
  • Planting or doctoring evidence
  • Utilizing unnecessary force on subjects that aren’t resisting arrest
  • Coercing false confessions out of suspects

If you become the target of police misconduct, a criminal defense lawyer in Tampa can help you prove your innocence and leverage your case for a potential countersuit.

Probable Cause

An officer can only stop an individual if he or she can indicate “specific articulable facts” that justify “probable cause” for a stop, search, seizure, and arrest. If you were targeted by police officers for a crime without probable cause, a skilled criminal defense attorney can file a motion to suppress any testimonies and evidence that was illegally obtained.

Pleading Insanity

You’ve likely seen this legal defense used on television and in movies to keep sadistic, mentally disturbed criminals out of jail to the disapproval of the accusing party. However, pleading insanity is a very real legal defense that will likely be used more and more commonly as we learn more about the human brain, mental deficiencies and disease, and abnormal behavior. Some states, like Kansas, Montana, Idaho, and Utah, do not permit the use of the insanity defense, while others used tests of sanity including the Model Penal Code Test, the Durham Rule, the Irresistible Impulse Test, and the M’Naghten Rule. You can find the specific rules for each state here.

For a free consultation with an experienced criminal defense lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.