Got A Criminal Court Date coming up? Some defenses that could get you aquited.

9.Defense of Necessity - Basically, you NEEDED to break the law.
Courts have generally recognized a set of criteria to determine whether or not the defense can be met, as follows:

1 The unlawful act was intended to avert a greater evil
2 There could not have been any reasonable, legal alternative course of action
3 The unlawful act could not have been more than what was necessary to avert the greater evil and
4 The unlawful act must have been effective, or at least highly probably effective, towards averting the greater evil.

8.Defense of Duress - Somewhat self defense, but not really. This defense can only be used if the threats were of greater severity than the offense committed. EXAMPLE - Someone threatened to kill you, and you assault them.

7.Defense of Automatism - Basically you 'plea non-guilty due to insanity'
In order to win a case using this defense, you must convince the jury that the defendant was A.)Eluded. B.)Incapacitated. C.)Provoked. D.)Severely Mentally Disabled. E.)Sleepwalking. The jury must be convinced that the defendant didn't know the difference between right or wrong. If the defendant tried to cover up the evidence, then that will suggest that he KNEW what he did was WRONG. And this defense won't win a case.

6.Defense of Mistake - The defendant was unaware of a fact that would have made the alleged action illegal. Ignorance of the law is not a defense, but Ignorance of the fact is. EXAMPLE - A bartender serving an underaged minor a drink where the customer presented counterfeit ID, however you would not have a defense if you gave a minor alcohol because they thought the legal drinking age was lower than it really was. ANOTHER EXAMPLE - A Doctor sending prescriptions to the wrong person.

5.Defense of Infancy - Basically being younger than the age of criminal responsibility (this mostly only applies to kids younger than 10.) A new law passed that minors cannot be tried as adults, simply because they don't think as adults.

4.Defense of Restraint - Basically having no control over what you do because of an external force. EXAMPLE - Driving down the road on a snowy day, and your car begins to slide. EXAMPLE 2 - A pill being added to your drink, you cannot be charged with DUI, if you can prove this.

3.Defense of Entrapment - Basically being deceived into breaking the law. Example, someone posing as a police officer may have instructed the accused to import heroin into California claiming there was a scientist there who could test it for chemical compounds which could cure cancer.

2.Defense of Legitimate Purpose - For example, you get charged with 'Possession Of A Controlled Substance with Intent To Distribute.' The defendant claims they did not commit the act for that purpose. The defense is only acceptable where the law stated a purpose, and the court feels convinced the accused did not commit the act for the illegitimate purpose stated.

1.Defense of Double Jeopardy- A person cannot be charged with a new offense if their action was not yet illegal at the time it was carried out. EXAMPLE - You get busted with alcohol @ school. They can charge you with Possession, but not for Public Intoxication.

I know all these things because I studied Criminal Justice, and my Dad is an attorney so he confirmed everything for me.

 

That's pretty cool.
Hopefully I won't be needing it anytime soon.

 

This is actually quite interesting.
Did you google it or put it together yourself?

 

Did you read the whole post?

Ot: I recently got pulled over and fined for no seat belt when I was in fact wearing on, just that I had my license in my back pocket and once pulled over took my belt of and got my ID ready. He immediatky questioned me about me not having a seatbelt on. Then done a tyre and rego check. He comes back and says my rego sticker is out of date but my car is still registered( I miss placed the new sticker) he told me that it was a big fine and that he was going to only give me the seat belt fine. I kept saying but I had a seatbelt on while driving.

I have since taken it to court and I'm representing myself as it seems like a straight forward case, I'm simply going to ask the officer to provide proof that I was not at wearing my seatbelt. As he can't do this due to the fact I was wearing one it's pretty much a day off work

 

They have to display proof for that kinda ticket ? Awesome. Are you sure they don't just take the officers word ?

 

Well what would you say for rape or murder?

 

http://www.youtube.com/watch?v=l1QI4P0YqtM

best defense ever.

 

probably depends on the country but in a country where you are innocent until proven guilty it works.

 

Awesome..but unfortunately I'm from canada so I dont think these defenses can help me. I myself have gotten into some legal issues and am currently out on bail

 

Be careful with that particular defense. The courts, Australia for certain have a tendency to give more credibility in hearsay towards police officers etc. As such, if it turns into a his vs your word case, he'll win.

What you should do is cross-examine the police officer, and make him contradict himself.

Dialogue:

You: Officer, where were you when you allegedly saw my unbuckled seat belt?
Him: I was in my police car, 3m behind you.
You: 3m you say, you do realize that it is highly suggested to be 3 seconds behind the other vehicle, are you saying you defied this guideline on this particular instance just to check whether or not I had my seat belt fastened?
Him: [(They'll generally falter here)(Let's assume he said 10-15m)]

You: 10m you say, how good are your eyes?
Him: (If he's wearing glasses, or there not 20/20, you win) 20/20, I have perfect vision.
You: Ahh,*hold up a sheet of paper* tell me officer, what does this sheet of paper say.
Him: I can't see it, it's too small, it's too far away etc.
You: O, not so good an eye-site you have after all. Tell me officer, what part of your body did you use to see whether or not my seat-belt was buckled.
Him: My eyes.
You: So, you've used the part of the body where I've demonstrated that isn't good at a distance, or on small objects, yet you still remain adamant that you saw with your eyes that my seat-belt was unfastened. Is it not possible officer that you incorrectly mistook my seat-belt from being fastened?
Him: (They'll usually admit yes it's possible, and you automatically win)


Another way you can trap them, is this, thought I won't go into a dialogue:

You ask them where the buckle is, it's somewhere where they cannot see from metres away. You then ask whether they actually saw the buckle fastened in or not. They cannot possible see it, so they will say no. You can then say that they didn't even see whether or not my seat-belt was fastened, so how can you book me for it.


Just, don't use the hearsay defense. Don't make it his word vs yours, because courts give the benefit of the doubt to the cop, or law-enforcement agents.

 

Get this guy as your lawyer.

 

Lol when I was a 18 I bought a shit load of hockey equipment, I got everything off my friend for $500, now thats for EVERYTHING I got 2 RBK 7K sticks and 2 player signature easton, all I wanted was the sticks and the skates were to small for me so I took all of the equipment to a store in town and they bought it. Later that day the cops where at my house and as soon as I opened the door they tossed my hands behind my back and walked me to the car.

Now back in highschool I had a IEP, And when I was in highschool I got accepted into a program for stupid people and liturly did no work and passed highschool, I basically passed highschool for working on my car =P. Well when I was going to duty councel he was telling me to just plead guilty with theft over $5000. well I didnt wanna do that and finally got a lawyer and as soon as I got him he went in and told the judge I had a the IEP (Individual educational plan) and the judge repramanded me and all I had to do was pay $500 to the court... In my opinion I would of rather payed $500 then have a criminal record for 7 years!

 

Casey must of studied the fuck outa these..