Building a Defense for Carjacking Charges in Maryland
Before determining which Maryland carjacking defense strategy would work best, a Maryland carjacking attorney can begin reviewing all of the evidence that the State is alleging they have. They will be checking each and every element of the offense to confirm whether the State actually has evidence to prove it.
It is important to remember that the defendant is presumed innocent and has done absolutely nothing wrong until the State proves each and every element of the offense. An experienced carjacking lawyer can work with the individual in order to create a beneficial defense case for their future.
First Steps of Building a Defense
The defense attorney is going to want to meet with the defendant to get a full chronology of their day. Such as, where the defendant was, when the vehicle was taken, whether they were somewhere where somebody can vouch for their whereabouts. An experienced defense attorney is going to be preparing their defense based on an alibi. It is always important to remember that the prosecution has to prove that a crime occurred and that the defendant is the person who committed that crime.
Proving that it is that person that committed the crime can sometimes be incredibly difficult. If the person was located in the stolen car two minutes after it was taken, that is pretty strong evidence. If the person was charged because the victim was shown a photo array, that is a totally different set of circumstances. If the defendant’s identity is being proven by forensic evidence, the defense attorney should be looking into everything related to that, and whether the testing was done correctly.
Expert Witness Testimony
There are a couple different experts that might be necessary when building a defense for carjacking charges in Maryland. If the State is relying on fingerprints or forensic evidence like DNA to prove it was this defendant that took the car, then certainly the defense would want to have that evidence looked at by their own expert. Mistakes can take place in fingerprint identification and in the forensics of DNA testing. It is definitely worth having their own expert review that evidence.
Role of an Attorney
The criminal lawyer wears a lot of hats. They will analyze the evidence, potential Maryland carjacking defense strategies, and view the case as a litigator to decide a viable defense. At the same time, the defense attorney is also trying to resolve the case short of trial which is in the best interest of the defendant. This would be done in the form of plea negotiations.
A person charged with any crime should contact an attorney right away, especially if they suspect that they will be charged. It is wise to speak with an attorney before that even happens. If a person has been contacted by the police and asked to come in for questioning, they should speak to a lawyer first.
Discussing Charges with a Lawyer
If the individual is calling to discuss the fact that they have been charged with carjacking, they can expect the attorney will want to hear a full chronology of everything. The attorney would want to know how that the defendant came to be in contact with a police officer and what information they have. No one should ever assume that a person actually committed a crime; attorneys need to hear everything. In this type of case, it would be important if the defendant knew the owner of the vehicle in question and whether the defendant has a relationship with them.
Does the defendant have an alibi for the date and time that the police alleged this took place; will anyone vouch for their whereabouts. Also, the defendant would have to be up front with what evidence there is that may point to their guilt. The attorney will ask their client details about where they grew up, employment history, physical health, and mental health. The attorney will need to ascertain how this particular defendant ended up being charged with this offense. An experienced criminal attorney would need to know whether the defendant already spoke with the police.