Using the Truth as a Strategy in a Criminal Case
Courts require you tell the truth and nothing but the truth, but they don’t define which truth they mean. One person’s truth in a criminal case may differ from the witnesses’ version of events. It becomes the job of the judge and jury to determine which version of events is closest to the truth.
When you retell the story of your child’s first birthday, it may significantly differ from your spouse’s version. This is because your spouse found different parts of the event work to the benefit of the story they are telling.
The same is true in legal defense strategies, even though the outcome can vary significantly. The “truth” is more about what can be proven and what biases the jury may have for or against your story.
The best story-telling defense of the truth has the following elements:
- Having a truthful foundation that is based in evidence. For instance, if you are claiming you were not at the scene of a crime, you must prove where you were. Many times, dated receipts or proof someone was at work or an alibi serves to lay the foundation for this defense.
- The ability to gain sympathy. Making yourself as human as possible will help gain the trust of the jury. For instance, if you are being accused of stealing, having character witnesses testify that you are hardworking, while having the foundation of evidence in your work history, can work to win a judge over.
- An explanation and proof that the events occurred in the story presented. For instance, you cannot simply claim you were not at the scene of the crime. You must provide a story with evidence that shows you could not have possibly been at the crime scene. This uses the foundation of truth already established, but adds the narrative element to the story to get the judge and the jury to understand what you are presenting.
The right lawyer will know what strategies work best for you when you are innocent. Contact one of our Philadelphia criminal lawyers at Reinherz Law today to start building your story for the judge. We understand what information is needed and how to present a case in a way that works in your favor.