There are many defense strategies that an individual may be able to employ to defend against their carjacking charges. One defense strategy includes looking at any possible relationship between the alleged victim and the alleged perpetrators. Often, in carjacking situations, the parties know each other due to a domestic situation or a business situation.
To explore any possible defense strategies that may be relevant in your West Palm Beach carjacking case, it is important to obtain the help of an attorney as soon as possible. A West Palm Beach carjacking lawyer can help to explore all possible avenues that may lead to a successful defense.
Factors of a Case
A knowledgeable lawyer will help to obtain as much information as possible when attempting to determine the proper defense strategy to use in a West Palm Beach carjacking case. Sometimes, the carjacking is an act of revenge, for example, as a result of a romantic dispute or a disagreement over a drug deal. Another important factor is the degree of force used, and the location in which the carjacking occurred.
An experienced attorney also looks at the character of the accused. The lawyer will ask if the police accused the wrong person, or if the witnesses who are accusing the client are credible, for example. Also of importance is whether the property was returned to the original owners, and if so, what condition the property was in. An attorney will aim to determine whether the car taken in the carjacking was used to commit another crime. These are some of many important considerations.
An attorney looks for every available defense strategy in a West Palm Beach carjacking case and decides which aspects of the defense to focus on in court. An experienced attorney can help mitigate a client’s situation, but the outcome will depend on all the defense strategies that are already on the table.
Key Pieces of Evidence
A common piece of evidence could be, for example, that the people who are claiming that the client committed a crime, have their own criminal record. Their criminal record may raise questions about their truthfulness. It is also possible that the accuser has a reputation for being untruthful.
Additionally, attorneys are looking for inconsistencies and statements given by eyewitnesses as to the identification of the perpetrator. They are looking for inconsistencies as to the degree of force, and whether there was any consent to the taking of the motor vehicle. For example, such evidence may include that:
- The client was allowed to use the motor vehicle and planned to return it
- The client was allowed to use the motor vehicle and drove it in a way the owner did not like, and the owner retaliated by filing carjacking charges
- There are facts and circumstances surrounding the situation that would cause a reasonable person to have some doubt as to the veracity of the accuser
Working with an Attorney
Additionally, attorneys might seek out inconsistencies in law enforcement’s documentation of a case when determining the defense strategies present in a person’s West Palm Beach carjacking case. For example, if they claim that the client stole the car while not wearing gloves, an attorney may be able to prove that the client’s fingerprints are nowhere in the car. The attorney also checks the law enforcement case for items that are missing that should be there, such as fingerprints, DNA evidence, or corroborating witnesses.