How to Defend Yourself in Court

Unless you are involved in a small claims dispute or going against another person who is unrepresented, defending yourself in court is a very difficult and risky decision. Most people who represent themselves in court, particularly when they go against an attorney, do not win their case. If you have no choice but to represent yourself, you must prepare your case, familiarize yourself with court procedures, present evidence and witness at trial and file court motions. While it is difficult to represent yourself, there are many things you can do to give yourself the best opportunity to win your case.  Continue reading...

Investigating a Criminal Case: Experts, Investigators, and Subpoenas

Interviewing prosecution witnesses can be a critical component of preparing a defense in a criminal case. But there are other forms of investigation that might also provide or reveal essential information. The defense might:

• Bring in a scientific expert to test evidence or review the work of others, including, for example, police laboratory technicians. It’s often beneficial for such an expert to testify, too.
• Hire a private investigator to locate and interview witnesses who are—or could be—helpful to the defense. The defense attorney might then be able to meet with those witnesses and prepare them for their eventual testimony. The defense can also serve them with subpoenas that require them to appear in court to testify.
• Take depositions of friendly or neutral witnesses—in the rare states that allow depositions in criminal cases. These depositions can serve several purposes, including preserving testimony should witnesses later become unavailable or change their stories.     Continue Reading...

How to Get Off a Criminal Charge

Being charged with a crime doesn't necessarily mean you'll have to plea bargain or face trial. Many criminal charges are dismissed, either by the prosecuting attorney or by a judge, long before trial is contemplated. If you know how to analyze your case and understand your Constitutional rights, you may be able to get off your criminal charge. Continue Reading...

How Defendants' Mental States Affect Their Responsibility for a Crime

What makes a crime a crime? In most cases, an act is a crime because the person committing it intended to do something that the state legislature or Congress has determined is wrong, also known as criminal intent. This mental state is generally referred to as "mens rea," Latin for "guilty mind."

The "mens rea" concept is based on a belief that people should be punished only when they have acted in a way that makes them morally blameworthy. In the legal system's eyes, people who intentionally engage in the behavior prohibited by a law are morally blameworthy.  Read more...