Typically, a criminal lawyer may try to seek out helpful evidence when building a Ft Lauderdale carjacking defense. They look for anything that might provide reasonable doubt or mitigate the facts and circumstances. They use the evidence to have the case dismissed, the charges reduced or get a lesser sentence.
To prepare a strong defense, a distinguished carjacking attorney could present experts that may benefit the defense’s arguments. A lawyer can help someone facing a carjacking charge by investigating the case, negotiating with the prosecutor, coming up with mitigating facts and circumstances, and advocating those results to the prosecutor.
Commonly Used Carjacking Defenses
When building a Ft Lauderdale carjacking defense, a lawyer could use an argument called afterthought. Afterthought is a defense on the crime of carjacking when the taking of the motor vehicle occurred as a second thought to the use of force or violence. It was not the original intent for somebody to take the vehicle by force.
It does not prevent somebody from being prosecuted under a grand theft prosecution. It is a defense to the charge of carjacking since carjacking is not a defense for the taking of the vehicle. However, it is certainly a defense to the specific crime of carjacking.
There is a claim of right defense of forcible taking of a motor vehicle. In other words, carjacking, under a bona fide claim of right, is not carjacking where the individual who is accused of carjacking has a good faith belief that they are the owner or are entitled to the immediate possession of the motor vehicle.
Steps to Prepare for an Auto Theft Defense Case
To prepare a defense, the carjacking attorney quickly gets as much information as possible from the potential client. They interview the individual in great detail to learn what happened, keeping in mind that anything the accused says is covered by the attorney-client privilege.
Interviewing any witnesses that might be beneficial to the case could initiate the process of building a Ft Lauderdale carjacking defense. An attorney could obtain police reports when available and try to mitigate the situation by meeting with the prosecutor in charge of making a filing decision.
When someone is arrested for carjacking, that does not necessarily mean they will be prosecuted for that. Police officers make arrests based on a standard of probable cause. Once an arrest takes place, the case is turned over to the prosecuting agency.
Understanding the Role of a Prosecutor in Carjacking Cases
The prosecutor in carjacking cases determines what is prosecuted and what charges are filed based on a higher standard of reasonable likelihood of a conviction with proof beyond a reasonable doubt.
There may be a 21-day period between the arrest and when the State Attorney’s Office or prosecutor makes a decision. When there are good grounds for the defense attorney to argue for no prosecution or a reduction of charge, they contact the State Attorney’s Office or prosecutor as soon as possible.
When building a Ft Lauderdale carjacking defense the defense attorney could try to advocate on behalf of the accused that no charges are filed or a lower or lesser charge is filed.
Process of Entering a Plea for Carjacking Offenses
The attorney could enter a plea of not guilty to the criminal charge engaged in discovery by investigating and analyzing the government’s case, and taking depositions of the government’s witnesses. They provide witnesses and the evidence they intend to use that might be helpful on the defense of the case.
They present pretrial motions to suppress or exclude evidence, motions to dismiss, and work on negotiating a potential resolution with the prosecutor that is satisfactory to the accused. If that does not work, the attorney makes a plea to the judge, whether it be a motion for a downward departure or otherwise. When those things are not appropriate or beneficial, the attorney prepares for a trial in front of a jury.
