How to Win a Criminal Trial

Attorney Aaron Spolin

Award-winning criminal police force chaser Aaron Spolin has won the liberty of many sometime clients who were wrongfully accused of murder and other major crimes.

I of California's top criminal trial lawyers, Aaron Spolin, puts information technology pretty simply when he explains how to win a criminal case: "Yous need a 3-part arroyo: (1) file legal 'motions' to dismiss the example, (two) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent." This strategy has been successful for many of his former clients. (Of course, prior success is not a "guarantee" of the same upshot in a future instance.)

Mr. Spolin explains how these strategies work:

  1. Filing Legal "Motions" to Dismiss the Example
    A legal "motion" is a request. It is usually given to the estimate on a criminal instance. One of the near powerful legal motions is the Motion to Dismiss. If this motion is granted, then the case is over and the client should be immediately released. A move to dismiss can be based on many things, including insufficient evidence at a preliminary hearing, misconduct on the part of the prosecutor (like destroying evidence), insufficient evidence at trial, and a number of other reasons. Trial attorney Aaron Spolin explains these reasons in more than detail in the section beneath, Legal Motions to Dismiss.
  2. Arguing for the Exclusion of Bear witness
    Excluding evidence from a case means preventing a jury from hearing about certain information. This is usually used when the prove is unreliable (like "hearsay") or was discovered after the police force violated a person's rights. Excluding evidence from a trial tin harm the prosecution's case and make information technology much harder to get a conviction. In many cases, if crucial evidence is excluded then the prosecution is forced to dismiss the instance. Veteran criminal trial lawyer Don Nguyen explains how to win these arguments in the section below, Exclusion of Evidence in Criminal Trials.
  3. Explaining Client's Innocence to the Jury
    In most trials, a jury decides whether a person is guilty or not. Therefore, one of the most important tasks of a trial lawyer is to demonstrate why the jury should vote for "not guilty." Every bit successful trial lawyer Jeremy Cutcher describes information technology: "showing a client's innocence is only one part of the strategy. You too have to explain the very high burden of proof that the prosecution must encounter." In criminal trials, this brunt is called proof beyond a reasonable uncertainty. Prosecutors oft inquire juries to simply use "common sense" to decide what happened. But if a jury is going to have a person's liberty, they cannot merely go with their gut instinct. They must have no reasonable doubts in their mind, which is oft very hard to achieve. Jeremy Cutcher describes this (and other jury trial arguments) in the section below, Arguments That Win Trials.

To acquire more virtually how these strategies might apply to your example, phone call Mr. Spolin, Mr. Nguyen, or Mr. Cutcher at their law firm, Spolin Police force P.C., (310) 424-5816.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Unlike from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Show
  5. Arguments that Win Trials
  6. Meet CA's Top 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

How a "Trial Lawyer" is Different From a "Defense force Lawyer"

Y'all may be surprised to know that the vast bulk of criminal defense lawyers have never won a not-guilty verdict at trial. This means two things:

  1. It is unrealistic to await a lawyer to get a non-guilty verdict on your trial if they have never gotten a not-guilty verdict before.
  2. Prosecutors often know which lawyers never win at trial — and if a prosecutor knows that a lawyer never wins at trial, they are much less probable to try to negotiate a good plea bargain.

This means that finding for yourself a successful trial lawyer is probably the most important stride you can take to fight a criminal instance. A trial lawyer with a record of success is more than probable to win your trial (plain) and also more likely to negotiate a better plea bargain if yous are interested in taking a plea deal.

But how can yous tell the deviation between a successful trial lawyer and a generic criminal defence force lawyer? Here is how: Ask them these two questions:

Question i:

"How many not-guilty jury verdicts accept you gotten?"

Question ii:

"Can y'all please give me the case numbers and courthouses of these not-guilty verdicts, and then I tin can verify them?"

If the lawyer will non answer the iind question, it's a red flag that the person does not in fact take feel getting not-guilty verdicts at trial. Example numbers are public records (and not confidential); therefore, if a lawyer gives excuses for non sharing the case numbers, information technology is reasonable to think that perhaps they were exaggerating their success rate.

Hiring a trial lawyer with experience winning is crucial in fighting your case. That is because a lawyer who knows how to win will have a amend gamble of convincing the prosecutor to offer an adequate bargain and, of course, is more likely to simply win a not-guilty verdict on your example if a trial becomes necessary.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Dissimilar from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Meet CA's Summit iii Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Legal Motions to Dismiss a Case

Attorney Jeremy Cutcher

Spolin Law P.C. attorney Jeremy Cutcher recently got the complete dismissal of a gang-murder case based on his argument that there was bereft evidence. (LA Case BA123456, dismissal on two/1/2021.)

One effective manner to win a case is to file a Movement to Dismiss and convince the judge that the authorities has failed to evidence its case. Effectively, this is asking the judge to find in favor of the defendant based on the data presented so far. A judge volition either grant or deny the motion.

Motions to dismiss may exist submitted either earlier the trial (equally a pre-trial movement) or after arguments have been made at trial, merely before the jury makes a determination.

A motion to dismiss argues that the government:

  • Failed to follow required legal procedures;
  • Made a mistake with the charging documents;
  • Violated the defendant's rights; or
  • Violated the statute of limitations (did not run across legal deadlines).

When your trial chaser files a move to dismiss, they must land the specific legal reason that dismissal of the example is warranted. Some examples of grounds for dismissal of criminal charges include:

  • Lack of Jurisdiction — The country in which a crime occurred is the simply state that tin bring charges and hear a case confronting a defendant. If you are accused of a criminal offense that happened in Florida, but California has filed the charges, your attorney should be able to get the example dismissed.
  • Lack of Evidence — When the government files a criminal case against y'all, they must have sufficient facts to show that all of the elements of a item law-breaking take been met. If they do not have enough prove to testify that the specific law-breaking they are alleging occurred or you did not commit the crime, and then the judge may grant a dismissal.
  • Statute of Limitations — Some criminal charges must be filed within a certain amount of time; otherwise, the regime cannot file them against y'all at all, no matter how much bear witness they have. If that expiration appointment has lapsed, then you may become a dismissal.
  • Lack of Due Process — If your right to due process is violated by the government or its agents (oft police officers), then your charges may be dismissed. Due procedure is oftentimes violated when you are forced to testify against yourself. It also prohibits you from being tried twice for the aforementioned criminal offence.
  • Failure to Provide a Speedy Trial — You have a Constitutional right to a speedy trial. If the government unnecessarily delays proceedings, then the charges may be dismissed.
  • Charging Document was Defective — When the government files charges against you, they must include certain data in those documents, including specific dates, locations, and facts surrounding the alleged crimes. Failure to include those details may result in dismissal of the case.

Later your lawyer files a movement to dismiss, the prosecutor will be given an opportunity to respond. The court may also set a hearing date to allow both sides to present arguments.

If your motion is granted, all of the charges will be thrown out. However, that's non always the end. Sometimes the government is given the opportunity to refile charges and correct the mistakes they originally made. That's why it'south essential that y'all continue working with your criminal defense lawyer to keep fighting for your rights.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Example
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Run into CA's Peak 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Exclusion of Testify

Attorney Don Nguyen

Spolin Law P.C. attorney Don Nguyen has over two decades of criminal defense force experience. He has a powerful courtroom presence and has been on the winning side of a large number of cases.

Another motion that your attorney may submit to the court is a Move to Exclude or Suppress Evidence. This is typically done during the pre-trial phase of the case. It asks the court to ignore or throw out i or more than pieces of evidence based on specific legal reasons.

If testify is successfully excluded, information technology may exist incommunicable for the authorities to show all of the elements of the alleged crime. Then, your attorney may follow up with a motion to dismiss and go your example thrown out entirely.

At that place are many reasons that show may be excluded (or suppressed) by the court. Some common reasons include:

  • Testify was Illegally Obtained — This is often the case with evidence obtained through an illegal search and seizure, which is prohibited by the Fourth Amendment to the Constitution. If the police or investigators did not have a warrant based on probable cause before searching you, your auto, your home, or your other property and belongings, then you may exist able to get any prove they found suppressed. Evidence seized during an illegal search is inadmissible pursuant to the "Exclusionary Rule."
  • Violation of the Concatenation of Custody — Evidence must be handled properly according to strict procedures. For example, if Deoxyribonucleic acid bear witness is not preserved properly or signed for by each person treatment it, information technology may be excluded from the case. Any piece of bear witness that is not accounted for every step of the procedure may be tainted or tampered with, and should not be allowed at trial.
  • Statements that are Illegally Obtained — You have probably heard of "Miranda Rights," which begin, "Annihilation y'all say can and will be held against you lot in a court of law…" If the constabulary failed to read you your rights and asked you questions, then your responses may exist inadmissible at trial.

When your chaser files a motion to suppress prove, the court will probable set a hearing so that both sides tin explain their arguments. Then, the judge will either grant or deny the movement. If the motion is granted, the evidence will not be allowed to be used in court against you.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Dissimilar from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Instance
  4. Exclusion of Prove
  5. Arguments that Win Trials
  6. Meet CA's Summit 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Arguments that Win Trials

If your case does get to trial, y'all will want a trial chaser with a history of successfully persuading the jury to find their clients not guilty. Your trial chaser needs to both know the law and act as a psychologist — knowing how to convince the jury that the defendant is not guilty.

In a criminal trial, you don't take to prove your innocence. Y'all take to testify that the prosecutor can't evidence beyond a reasonable doubt that you're guilty. This brunt is very heavy because the defendant's freedom is in jeopardy. The prosecutor may endeavor to simplify the decision for the jury by telling them to use their "gut instinct." However, more is needed in order to discover someone guilty of a law-breaking. In that location must be admittedly no reasonable doubt in the minds of the jury members to determine whether someone committed a crime.

Your trial attorney might make several arguments to effort to convince the jury that there is reasonable doubt that you committed a crime. Some common arguments that win trials include:

  • The accused did not sympathise the significance of the criminal actions. This might include arguments involving insanity, intoxication, or a mistake of constabulary or fact. If y'all did not know what you were doing, your deportment might not meet all of the elements of the crime.
  • The defendant was justified in their actions. This includes arguments like self-defense (or defense of another person) and actions taken nether duress or necessity. If someone was attacking you and you hitting them back, your actions may accept been justified.
  • No offense really occurred. This includes arguments that involve consent by the alleged victim, abandonment or withdrawal from criminal activities, and entrapment. For example, if the authorities induced you to commit a crime, then cannot try to punish you for it.

While making these arguments, your attorney will utilize prove nerveless from witnesses, experts, and even information presented by the prosecutor. The best attorneys can use the prove nerveless by the police against them. Past explaining exactly how the prosecutor's show does not meet their claims, your attorney tin can win your case and the jury will find you not guilty.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defence force Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Testify
  5. Arguments that Win Trials
  6. Meet CA's Top 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Meet CA'south Pinnacle 3 Trial Lawyers

Spolin Law P.C. Logo

Award-winning criminal law attorney Aaron Spolin has won the freedom of many old clients who were wrongfully defendant of murder and other major crimes.

The award-winning lawyers at Spolin Law, P.C. are more criminal defense attorneys. They are trial lawyers. They know how to apply the information available to dismiss cases, exclude improper evidence, and win trials. You lot can read more than virtually their successes on the Awards, Media, and Publications page.

Mr. Spolin, Mr. Nguyen, and Mr. Cutcher are skilled in presenting motions to the guess. They have achieved many case dismissals based on their motions to dismiss. They also know how to utilize motions to exclude evidence to suppress the most damning information being used against you by the prosecution. In the finish, even if your case does go to trial, they will make every argument possible to win your case.

Attorney Aaron Spolin
Mr. Spolin is a old prosecutor and accolade-winning criminal lawyer. He has been on both sides of a criminal case, so he knows how the prosecutor will form a example against you. He will use that noesis to develop stiff motions and arguments in courtroom to ultimately become your case dismissed or convince the jury to find you not guilty.

Attorney Don Nguyen
With more than two decades of criminal defence experience, Mr. Nguyen is 1 of the all-time trial attorneys in California. He routinely uses his cognition of the law to aggressively argue cases for his clients. He has successfully had many cases dismissed by the court, and he has likewise accomplished non guilty verdicts for clients who were facing serious criminal penalties.

Attorney Jeremy Cutcher
Mr. Cutcher has experience working in the public defender's part besides as direct for the California Supreme Court. He has experience with all types of criminal cases, and he knows how judges and juries think. He utilizes this information to successfully argue for his clients in court.

Elevation Trial Attorneys Fighting For Y'all
To learn more than about how these strategies might utilise to your case, call Mr. Spolin, Mr. Nguyen, or Mr. Cutcher at their law firm, Spolin Constabulary P.C., (310) 424-5816.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Dissimilar from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Encounter CA's Top 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

The Importance of an Experienced Trial Lawyer

Information technology'south non only of import to notice a lawyer who understands the law, merely also to hire one who has feel taking cases all the way to trial. Your attorney'due south comfort in a courtroom can take a directly bear on on how your case turns out. Spolin Police P.C. is led by attorney Aaron Spolin, a quondam prosecutor and honour-winning criminal trial lawyer. He is ranked in the superlative ane% of criminal police attorneys in California and is recognized every bit one of the "10 Best Criminal Law Attorneys" in California past the American Institute of Criminal Police force Attorneys. His awards directly reverberate the acknowledgment of his peers and the legal industry that he is a top-performing criminal trial attorney.

An infrequent trial chaser tin can make a difference in several ways.

  • Presenting the Best Defenses. You lot are not limited on how many defenses you can make on your behalf. In fact, you can present as many defenses equally fit your specific situation, and there are nearly e'er multiple that apply. The all-time trial attorney volition review the record and use equally many defenses equally possible.
  • Finding Faults in the Prosecutor'southward Claims. No affair how much evidence they have confronting yous, the Prosecutor, police force, investigators, and others make mistakes. It's of import to accept an chaser who knows common pitfalls that the Government makes and points them out in pre-trial motions and in front of the approximate and jury.
  • Fighting to Win. Spolin Police P.C. has a forceful desire to achieve success in every instance nosotros handle. The house is led by sometime prosecutor Aaron Spolin (Princeton, BA; UC Berkeley, JD), an award-winning trial attorney. He has accomplished successful outcomes in a broad diverseness of criminal cases, including a recent murder case sent to the California Supreme Courtroom. His trial experience at all levels of court gives him the noesis to win cases.

To learn what options may be available in your instance, contact the trial lawyers at Spolin Police P.C. for a gratis consultation. We are available at (310) 424-5816.