There are gradient versions of the “truth.” Sometimes it will be exactly how the prosecutor portrays it and other times it is how the defense attorney explains it. Many other times it is a gray area between these two extremes. Your defense attorney should be honest and upfront with you about the realities of your case. Each defense strategy will be different from the last because how the police and prosecutor approach a crime is almost always unique.
Truth and a tailored strategy are the best tools for a successful criminal defense. Remember, a successful defense does not always mean a “not guilty” verdict from the jury. Sometimes it is poking enough holes in the prosecutor’s narrative to get you a better plea deal or reduced sentencing.
Truth is a complicated idea. What is “truth” in a criminal trial depends upon your interpretation of the events. For example, the prosecutor may decide to portray you as a cold-blooded killer. She goes into a lengthy discussion about how you and the victim fought the week before and now the victim is dead. The prosecutor will use your prior fight as evidence for your behavior at the time of the crime.
However, perhaps that isn’t how it happened. Yes, you did fight with the victim the week before. But it wasn’t you who went looking for trouble but the victim. He attacked you as you were leaving a restaurant with your wife and his death resulted from actions you took in defending yourself and protecting your wife.
To the prosecutor, the facts appear to show that you went out looking for revenge, but you know it was in self-defense. It will be up to your defense attorney to forcefully argue your interpretation of the truth. This is why it is important that you look for a defense attorney with varied experiences to ensure that he is creative in crafting your defense. You do not want to hire an attorney that relies on the same three strategies to succeed at the trial. Each case is unique and demands unique solutions.
When facing serious criminal charges, you may want to consider consulting with an experienced criminal defense attorney. Your future deserves more thought and strategy.