Based on criminal law from TV shows and movies, you might get the impression an accused person has to provide a specific defense. The reality, though, can be quite different. You don't have to commit to a particular defense. Here's why that is and what your options may be.

Burden of Proof

Ultimately, the prosecution has the burden of proof in American criminal law. This means they have to show their version is the truth beyond a shadow of a doubt.

Consequently, a defendant doesn't have to do anything if they don't want to. A criminal law attorney doesn't have to present a defense, any evidence, or even arguments if they and the client see no point. A lawyer could just as easily turn to a jury and say the state hasn't proven its case so the jury must acquit.

Preliminary Hearings

Another feature of criminal law that may play in a defendant's favor is the necessity of preliminary hearings. During these hearings, the prosecution has to tell a judge why the court should even listen to any accusations. If the defense thinks the case is trash, they have every right to ask the court to dismiss the charges. Even if a criminal law attorney thinks the prosecution has a strong case, they may move for dismissal on the off chance the judge doesn't like it.

You likely won't present a specific defense during the preliminary hearings. Instead, your attorney may want to examine the reasons why the cops investigated you or review the case's legal logic.

Multiple Defenses

At the opposite end of the spectrum, you have the right to present multiple defenses. Some situations just have more than one explanation. For example, a person fighting drug charges might assert that a traffic stop wasn't justified while also insisting the supposed drugs were some innocuous material.

The Time for a Single Defense

It is worth noting at least one scenario where you might commit to a single defense and actively present it. Suppose you can prove you were somewhere else at the time an alleged crime happened. If you were on the other side of the country and have videos proving it, you might commit to that defense.

Note, however, that a criminal law attorney may not want to commit to this sort of defense right away. They will usually want to exhaust other options during preliminary hearings, saving the main defense for later. Otherwise, you might overcommit to a defense you can't take back if contrary evidence appears. For more information about criminal law, contact an attorney. 

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