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Criminal defense: Using the defense of truth

January 20, 2017 – David W. Foley – Criminal Defense

Criminal Defense Lawyer in Colorado Springs | Call 719-757-1182

Sometimes Colorado Springs residents think that a criminal defense is all about refuting that a crime was committed. However, the defense of truth could be used to a defendants’ advantage, even if the truth involves the admission that the defendant committed the alleged crime. Let’s take a look at how admitting to committing a crime can often help a defendant.

Let’s use the example of a fictional man who is accused of driving drunk. The man admits that he was indeed drunk, but there was a very important reason why he chose to commit the crime. His friend was suffering from a heart attack and there wasn’t time to wait for an ambulance. Even though he was drunk, the danger of driving while intoxicated was less than the risk of his friend dying from a heart attack without medical care.

In the above situation, a judge and jury might be sympathetic to the defendant, and they might feel that the defendant has a valid and legitimate reason for breaking the law given the circumstances.

Now let’s use another example in which the defendant did break the law, and it was a violation he or she had no right to commit. In many situations, especially when the evidence strongly favors conviction, a defendant who admits to committing a crime can — in exchange for pleading guilty — reach a plea bargain deal with the prosecution. In a plea deal, the defendant will usually receive a dramatically reduced punishment in exchange for his or her guilty plea.

The criminal allegations a Colorado Springs defendant is facing in court, he or she may choose from a variety of criminal defense strategies. At the Foley Law Firm, we always help our Colorado Springs clients evaluate their situation to determine the most appropriate legal strategies to employ in their criminal defense proceedings.

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