Defenses to Criminal Charges in Will County

Exploring Legal Defenses for Criminal Charges in Will County

In the United States legal system, people who are charged with crimes are presumed innocent until proven guilty. This fundamental principle serves as the cornerstone of justice, ensuring that every person accused of a crime is given a fair chance to defend themselves against criminal charges. If you are facing criminal accusations, it is crucial to understand your rights and the various defenses that you may be able to use to challenge the prosecution's case against you. At the Law Offices of Jack L. Zaremba, P.C., we can help you determine the best defense strategies, and we will fight to protect your rights while doing everything we can to help you avoid a conviction.

The Presumption of Innocence

A person who is charged with a crime is supposed to be considered innocent unless guilt is proven beyond a reasonable doubt in a court of law. The burden rests on the prosecution to present compelling evidence showcasing their version of events and convincing a jury or judge that there are no reasonable doubts about the person's guilt.

This principle protects people from false accusations, unfair trials, and wrongful convictions by placing significant obstacles in front of prosecutors who seek to impose penalties for violations of the law. In addition, defendants can exercise their right to remain silent and refuse to say anything that could potentially be incriminating, and this silence should not be interpreted as an admission of guilt.

Reasonable Doubt

Reasonable doubt refers to uncertainty or lack of conviction regarding a defendant's guilt after careful consideration and evaluation of all evidence presented during a criminal trial. Even if there might be some level of suspicion that a defendant was involved in criminal activity, mere suspicion or belief does not meet the threshold required by law to convict someone of a criminal offense. If there is any valid reason to doubt that a person is guilty, they should be acquitted of the charges against them.

Attorney Jack Zaremba understands the role that reasonable doubt plays in criminal trials, and he has successfully defended clients against multiple types of criminal charges. He works diligently during trial proceedings to establish reasonable doubts based on flaws in witness testimonies, inconsistent evidence, failure by police officers to follow the proper procedures during an arrest or investigation, or other potential reasons that a defendant may not have committed a crime. He works to find problems in prosecutors' arguments so that a defendant can be found "not guilty."

Some potential defense strategies may include:

Alibis

An alibi defense asserts that the accused was not present at the scene of the crime during its commission. Establishing an alibi often involves presenting witnesses, documentation, or other evidence to support the claim that the defendant had a credible and verifiable presence elsewhere when the alleged offense took place.

By providing an alibi, a defendant can challenge the prosecution's timeline of events and create reasonable doubt regarding their involvement in criminal activity. It is crucial to work with an attorney who can thoroughly investigate and uncover facts demonstrating innocence. Attorney Zaremba can explore all available options for gathering evidence and presenting an alibi defense.

Self-Defense

The doctrine of self-defense allows people to protect themselves or others from imminent harm by using force to counteract an immediate threat. In criminal cases involving self-defense claims, a defendant may argue that they acted reasonably given their belief that they were facing an immediate danger of bodily harm or death. For those who are charged with violent crimes such as assault and battery or murder, a self-defense argument may allow for a reduction of charges or even a dismissal.

These defenses are complex, and they require careful evaluation of witness testimonies, physical evidence, and the state laws that affect self-defense claims. These arguments may also be affected by considering whether a person could have retreated before using force against someone else or whether there may have been other factors that could have affected a person's actions.

The Insanity Defense

In rare cases, defendants may assert insanity as a defense strategy against criminal charges. The insanity defense argues that the accused cannot be held criminally responsible for their actions due to mental illness or cognitive impairment at the time of committing the offense. That is, if a person was incapable of understanding what they were doing or the consequences of their actions, they may argue that they should not be convicted of a crime.

To successfully utilize this defense strategy usually requires extensive psychiatric evaluations that show that a person suffers from severe mental disorders that affected their cognitive or intellectual abilities. These issues can be very complex, and these cases require an attorney with a strong understanding of the applicable laws and the options for resolving these cases. Attorney Jack Zaremba can provide guidance on whether insanity may have played a factor in a case and whether this type of defense may be successful.

Entrapment

Entrapment occurs when law enforcement officers induce someone into committing a crime they would not otherwise have committed without undue persuasion or coercion. In these cases, a defendant may be able to show that they were trapped or manipulated by law enforcement. Since they did not originally have any intent to commit a crime and would not have done so if police officers had not intervened, they may be exonerated of the charges against them.

Entrapment claims hinge on demonstrating a defendant's lack of predisposition to commit a crime independently. This often involves examining undercover officers' behavior, their motives for targeting certain individuals, evidence of the tactics they used to convince the defendant to commit a crime, and any other relevant factors. Attorney Zaremba can examine the circumstances surrounding an offense to determine whether entrapment may be a valid defense.

Contact Our Will County Criminal Defense Attorney

When facing criminal charges, it is important to remember your right to be presumed innocent until proven guilty. Mounting an effective defense requires an understanding of the various strategies that may be available, and with the help of an experienced attorney, you can choose the best strategies that will help you avoid a conviction or allow you to receive a reduction in the charges against you. At the Law Offices of Jack L. Zaremba, P.C., we can help you gather the necessary evidence to demonstrate your innocence while identifying weaknesses in the prosecution's arguments against you. We will help you take steps to maximize your chances of achieving a favorable outcome to your case.

If you are facing criminal accusations or have concerns about how best to defend yourself in a court of law, we invite you to contact us today at 815-740-4025. In your free consultation, you can learn more about your options, and we can immediately begin taking steps to help you build a successful defense strategy.