How to Win a Criminal Trial

Attorney Aaron Spolin

Award-winning criminal law chaser Aaron Spolin has won the freedom of many former clients who were wrongfully accused of murder and other major crimes.

One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal instance: "You need a three-part approach: (1) file legal 'motions' to dismiss the example, (2) contend for the exclusion of evidence, and (iii) explain clearly to the jury why the client is innocent." This strategy has been successful for many of his former clients. (Of course, prior success is not a "guarantee" of the same outcome in a time to come case.)

Mr. Spolin explains how these strategies piece of work:

  1. Filing Legal "Motions" to Dismiss the Case
    A legal "motion" is a asking. It is usually given to the judge on a criminal case. Ane of the nigh powerful legal motions is the Motility to Dismiss. If this motion is granted, then the instance is over and the client should exist immediately released. A motion to dismiss tin can be based on many things, including insufficient evidence at a preliminary hearing, misconduct on the part of the prosecutor (similar destroying bear witness), insufficient evidence at trial, and a number of other reasons. Trial attorney Aaron Spolin explains these reasons in more detail in the section below, Legal Motions to Dismiss.
  2. Arguing for the Exclusion of Bear witness
    Excluding evidence from a case means preventing a jury from hearing about sure information. This is ordinarily used when the evidence is unreliable (like "hearsay") or was discovered subsequently the police violated a person's rights. Excluding evidence from a trial can impairment the prosecution'due south case and make it much harder to get a conviction. In many cases, if crucial show is excluded then the prosecution is forced to dismiss the example. Veteran criminal trial lawyer Don Nguyen explains how to win these arguments in the section beneath, Exclusion of Evidence in Criminal Trials.
  3. Explaining Customer's Innocence to the Jury
    In most trials, a jury decides whether a person is guilty or non. Therefore, one of the most important tasks of a trial lawyer is to demonstrate why the jury should vote for "not guilty." As successful trial lawyer Jeremy Cutcher describes it: "showing a customer's innocence is just one part of the strategy. You also have to explicate the very high burden of proof that the prosecution must meet." In criminal trials, this burden is called proof across a reasonable uncertainty. Prosecutors often ask juries to simply use "mutual sense" to decide what happened. But if a jury is going to take a person's freedom, they cannot simply go with their gut instinct. They must accept no reasonable doubts in their listen, which is often very difficult to attain. Jeremy Cutcher describes this (and other jury trial arguments) in the section below, Arguments That Win Trials.

To learn more than most how these strategies might use to your instance, call Mr. Spolin, Mr. Nguyen, or Mr. Cutcher at their constabulary firm, Spolin Law P.C., (310) 424-5816.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Dissimilar from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Meet CA'southward Peak 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

How a "Trial Lawyer" is Different From a "Defense Lawyer"

Y'all may be surprised to know that the vast bulk of criminal defense lawyers take never won a non-guilty verdict at trial. This means two things:

  1. It is unrealistic to expect a lawyer to get a not-guilty verdict on your trial if they have never gotten a not-guilty verdict before.
  2. Prosecutors often know which lawyers never win at trial — and if a prosecutor knows that a lawyer never wins at trial, they are much less probable to try to negotiate a good plea deal.

This ways that finding for yourself a successful trial lawyer is probably the most important step you can take to fight a criminal case. A trial lawyer with a tape of success is more likely to win your trial (patently) and also more than likely to negotiate a better plea deal if you lot are interested in taking a plea deal.

But how can you tell the departure between a successful trial lawyer and a generic criminal defense lawyer? Here is how: Ask them these two questions:

Question ane:

"How many not-guilty jury verdicts have you gotten?"

Question 2:

"Tin can yous delight give me the case numbers and courthouses of these non-guilty verdicts, so I can verify them?"

If the lawyer will not answer the 2nd question, it's a red flag that the person does non in fact have feel getting not-guilty verdicts at trial. Instance numbers are public records (and not confidential); therefore, if a lawyer gives excuses for not sharing the example numbers, it is reasonable to recall that maybe they were exaggerating their success rate.

Hiring a trial lawyer with experience winning is crucial in fighting your case. That is considering a lawyer who knows how to win will accept a better take chances of convincing the prosecutor to offering an acceptable deal and, of course, is more than likely to simply win a not-guilty verdict on your example if a trial becomes necessary.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Dissimilar from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Encounter CA's Top 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Legal Motions to Dismiss a Case

Attorney Jeremy Cutcher

Spolin Law P.C. attorney Jeremy Cutcher recently got the complete dismissal of a gang-murder case based on his argument that there was insufficient evidence. (LA Instance BA123456, dismissal on 2/one/2021.)

I effective manner to win a example is to file a Movement to Dismiss and convince the approximate that the government has failed to prove its case. Effectively, this is request the gauge to notice in favor of the accused based on the data presented so far. A judge will either grant or deny the motion.

Motions to dismiss may be submitted either before the trial (every bit a pre-trial motility) or after arguments have been made at trial, but before the jury makes a determination.

A motion to dismiss argues that the government:

  • Failed to follow required legal procedures;
  • Made a mistake with the charging documents;
  • Violated the defendant'due south rights; or
  • Violated the statute of limitations (did not encounter legal deadlines).

When your trial chaser files a move to dismiss, they must state the specific legal reason that dismissal of the instance is warranted. Some examples of grounds for dismissal of criminal charges include:

  • Lack of Jurisdiction — The country in which a crime occurred is the only land that tin bring charges and hear a case against a defendant. If yous are defendant of a crime that happened in Florida, simply California has filed the charges, your attorney should be able to get the instance dismissed.
  • Lack of Evidence — When the regime files a criminal example confronting you, they must take sufficient facts to prove that all of the elements of a particular crime have been met. If they practise non accept enough evidence to show that the specific crime they are alleging occurred or you did non commit the crime, then the judge may grant a dismissal.
  • Statute of Limitations — Some criminal charges must be filed inside a certain corporeality of time; otherwise, the government cannot file them against you lot at all, no affair how much evidence they have. If that expiration engagement has lapsed, so you may get a dismissal.
  • Lack of Due Procedure — If your right to due process is violated by the government or its agents (oftentimes police officers), then your charges may be dismissed. Due process is oftentimes violated when you are forced to testify confronting yourself. It besides prohibits you lot from being tried twice for the same crime.
  • Failure to Provide a Speedy Trial — Yous have a Constitutional right to a speedy trial. If the regime unnecessarily delays proceedings, then the charges may be dismissed.
  • Charging Document was Lacking — When the government files charges against you lot, they must include certain information in those documents, including specific dates, locations, and facts surrounding the alleged crimes. Failure to include those details may outcome in dismissal of the case.

After your lawyer files a motion to dismiss, the prosecutor will be given an opportunity to respond. The court may besides set a hearing appointment to permit both sides to present arguments.

If your motility is granted, all of the charges will exist thrown out. However, that's not e'er the end. Sometimes the regime is given the opportunity to refile charges and correct the mistakes they originally made. That'due south why it's essential that you continue working with your criminal defense force lawyer to proceed fighting for your rights.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defense Lawyer"
  3. Legal Motions to Dismiss a Example
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Meet CA's Top 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Exclusion of Evidence

Attorney Don Nguyen

Spolin Law P.C. attorney Don Nguyen has over ii decades of criminal defense force experience. He has a powerful court presence and has been on the winning side of a big number of cases.

Some other motion that your attorney may submit to the court is a Motility to Exclude or Suppress Testify. This is typically done during the pre-trial phase of the example. Information technology asks the court to ignore or throw out one or more pieces of evidence based on specific legal reasons.

If testify is successfully excluded, information technology may be impossible for the government to bear witness all of the elements of the alleged crime. Then, your attorney may follow up with a motion to dismiss and get your case thrown out entirely.

There are many reasons that evidence may be excluded (or suppressed) by the courtroom. Some common reasons include:

  • Evidence was Illegally Obtained — This is often the case with testify obtained through an illegal search and seizure, which is prohibited by the Fourth Amendment to the Constitution. If the police force or investigators did not have a warrant based on probable cause before searching yous, your motorcar, your home, or your other holding and belongings, then you may exist able to get whatever evidence they found suppressed. Evidence seized during an illegal search is inadmissible pursuant to the "Exclusionary Rule."
  • Violation of the Concatenation of Custody — Prove must exist handled properly according to strict procedures. For example, if DNA testify is not preserved properly or signed for by each person handling it, it may be excluded from the example. Whatsoever piece of show that is not accounted for every footstep of the process may be tainted or tampered with, and should not be allowed at trial.
  • Statements that are Illegally Obtained — Yous have probably heard of "Miranda Rights," which brainstorm, "Anything you say tin can and will be held against you in a courtroom of law…" If the police force failed to read you lot your rights and asked y'all questions, then your responses may be inadmissible at trial.

When your chaser files a motion to suppress prove, the court will probable set up a hearing so that both sides can explain their arguments. Then, the guess will either grant or deny the move. If the motion is granted, the show will non be allowed to exist used in court against you.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defence Lawyer"
  3. Legal Motions to Dismiss a Instance
  4. Exclusion of Prove
  5. Arguments that Win Trials
  6. Meet CA's Meridian 3 Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Arguments that Win Trials

If your case does go to trial, you will desire a trial chaser with a history of successfully persuading the jury to notice their clients not guilty. Your trial chaser needs to both know the constabulary and act every bit a psychologist — knowing how to convince the jury that the defendant is non guilty.

In a criminal trial, y'all don't have to testify your innocence. You lot have to testify that the prosecutor tin't bear witness beyond a reasonable doubt that you're guilty. This burden is very heavy considering the defendant's freedom is in jeopardy. The prosecutor may endeavor to simplify the decision for the jury by telling them to use their "gut instinct." However, more is needed in society to find someone guilty of a criminal offense. In that location must be admittedly no reasonable doubt in the minds of the jury members to decide whether someone committed a crime.

Your trial attorney might brand several arguments to try to convince the jury that in that location is reasonable dubiousness that yous committed a crime. Some common arguments that win trials include:

  • The accused did not empathise the significance of the criminal deportment. This might include arguments involving insanity, intoxication, or a fault of police or fact. If you lot did not know what yous were doing, your actions might non meet all of the elements of the crime.
  • The accused was justified in their actions. This includes arguments like cocky-defense (or defense of another person) and deportment taken under duress or necessity. If someone was attacking y'all and you hit them back, your deportment may have been justified.
  • No crime actually occurred. This includes arguments that involve consent past the declared victim, abandonment or withdrawal from criminal activities, and entrapment. For example, if the government induced you lot to commit a offense, then cannot attempt to punish you for it.

While making these arguments, your chaser will utilize evidence collected from witnesses, experts, and even information presented by the prosecutor. The all-time attorneys can use the evidence collected past the constabulary against them. By explaining exactly how the prosecutor'southward evidence does not meet their claims, your attorney tin can win your example and the jury will find you not guilty.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defence Lawyer"
  3. Legal Motions to Dismiss a Case
  4. Exclusion of Evidence
  5. Arguments that Win Trials
  6. Run across CA's Top iii Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

Meet CA'southward Top 3 Trial Lawyers

Spolin Law P.C. Logo

Accolade-winning criminal law chaser Aaron Spolin has won the liberty of many old clients who were wrongfully defendant of murder and other major crimes.

The laurels-winning lawyers at Spolin Law, P.C. are more than than criminal defense attorneys. They are trial lawyers. They know how to utilize the information available to dismiss cases, exclude improper evidence, and win trials. You tin can read more nearly their successes on the Awards, Media, and Publications page.

Mr. Spolin, Mr. Nguyen, and Mr. Cutcher are skilled in presenting motions to the gauge. They take achieved many case dismissals based on their motions to dismiss. They besides know how to apply motions to exclude prove to suppress the almost damning data existence used against you by the prosecution. In the end, even if your example does go to trial, they volition brand every argument possible to win your case.

Attorney Aaron Spolin
Mr. Spolin is a erstwhile prosecutor and award-winning criminal lawyer. He has been on both sides of a criminal case, so he knows how the prosecutor will form a example confronting y'all. He will utilise that knowledge to develop strong motions and arguments in court to ultimately get your case dismissed or convince the jury to find you non guilty.

Attorney Don Nguyen
With more than two decades of criminal defence force experience, Mr. Nguyen is 1 of the best trial attorneys in California. He routinely uses his noesis of the police force to aggressively contend cases for his clients. He has successfully had many cases dismissed by the courtroom, and he has also achieved not guilty verdicts for clients who were facing serious criminal penalties.

Chaser Jeremy Cutcher
Mr. Cutcher has feel working in the public defender's function as well as directly for the California Supreme Court. He has experience with all types of criminal cases, and he knows how judges and juries call up. He utilizes this data to successfully argue for his clients in courtroom.

Top Trial Attorneys Fighting For You
To learn more about how these strategies might apply to your case, call Mr. Spolin, Mr. Nguyen, or Mr. Cutcher at their law firm, Spolin Police P.C., (310) 424-5816.

  1. How to Win a Criminal Trial
  2. How a "Trial Lawyer" is Different from a "Defence force Lawyer"
  3. Legal Motions to Dismiss a Example
  4. Exclusion of Testify
  5. Arguments that Win Trials
  6. Meet CA's Tiptop iii Trial Lawyers
  7. The Importance of an Experienced Trial Lawyer

The Importance of an Experienced Trial Lawyer

Information technology'due south not merely important to discover a lawyer who understands the constabulary, but likewise to hire one who has experience taking cases all the way to trial. Your attorney's comfort in a courtroom can have a direct bear on on how your case turns out. Spolin Law P.C. is led by chaser Aaron Spolin, a former prosecutor and award-winning criminal trial lawyer. He is ranked in the height 1% of criminal constabulary attorneys in California and is recognized as one of the "10 Best Criminal Law Attorneys" in California by the American Institute of Criminal Law Attorneys. His awards directly reflect the acknowledgment of his peers and the legal industry that he is a top-performing criminal trial chaser.

An exceptional trial chaser tin can make a difference in several ways.

  • Presenting the All-time Defenses. You are non express on how many defenses you can make on your behalf. In fact, you tin present as many defenses as fit your specific situation, and at that place are almost ever multiple that apply. The best trial attorney volition review the record and use as many defenses as possible.
  • Finding Faults in the Prosecutor'south Claims. No matter how much evidence they have confronting y'all, the Prosecutor, law, investigators, and others brand mistakes. It'due south important to have an attorney who knows common pitfalls that the Government makes and points them out in pre-trial motions and in front of the judge and jury.
  • Fighting to Win. Spolin Police P.C. has a forceful desire to achieve success in every instance we handle. The firm is led past former prosecutor Aaron Spolin (Princeton, BA; UC Berkeley, JD), an honor-winning trial chaser. He has achieved successful outcomes in a wide diverseness of criminal cases, including a recent murder case sent to the California Supreme Court. His trial experience at all levels of courtroom gives him the knowledge to win cases.

To learn what options may be available in your example, contact the trial lawyers at Spolin Police force P.C. for a free consultation. We are available at (310) 424-5816.