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Can the 'I didn't do it' approach work for criminal defense?

Facing criminal charges is never an easy situation to find yourself in. Even though you may know that you are innocent, simply stating that fact does not always prevent formal charges from coming against you. As a result, you will likely still end up in court having to defend against the allegations.

Of course, you do have the option of maintaining your innocence during your criminal trial, and it is up to the prosecution to prove beyond a reasonable doubt that you are guilty of the charges. Though the burden of proof lies with the prosecution, you may not want to simply sit back and allow them to attempt to prove you guilty. Instead, you will want to proactively combat their strategies with your own criminal defense presentation.

What if you did not do it?

If you want to take the "I didn't do it" stance to your defense, it is an option. However, it is still important to consider the different ways you could approach this route, which could include the following:

  • Having an alibi: This tactic may be the strongest avenue when taking this type of approach. If you can provide evidence that you were somewhere else when the crime took place, you can create a reason for the jury to doubt the prosecution.
  • Remaining silent: Though sitting back and remaining silent is an option because you do not have to prove your own innocence, it may not be the most advisable approach. Still, it is one that exists.
  • Creating doubt: As mentioned, having an alibi can create doubt in the jury as to your guilt, and you could also work to create doubt by offering other explanations for the prosecution's supposed evidence.

Of course, the manner in which you approach your case and your defense is up to you. Still, it is wise to go over all of your available defense options before choosing the path you want to take.

Understanding your options

Even if you have full confidence in your innocence, you cannot predict how a jury will view the prosecution's presentation. As a result, you may want to go over your legal options with an experienced Washington attorney who can further explain the "I didn't do it" approach and who you can work to maintain your innocence throughout your case.

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Tim Kelly

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