The Service We Provide
At DKW Defense, we understand the importance of a robust legal defense in criminal cases. Under Texas law, the burden rests on the prosecution to prove beyond a reasonable doubt that a crime has occurred. This is where criminal defense plays a crucial role, employing a meticulous and strategic argument to challenge the validity and sufficiency of the prosecution's evidence.
In practice, the prosecution must fulfill its duty to thoroughly investigate and verify all aspects of the crime with the aim of legitimizing their burden of proof.
As experienced defense attorneys, we are well-versed in various legal defenses commonly utilized in Texas. These include:
Innocence. The defense of innocence arises when a defendant asserts that they did not commit the crime. In such cases, the defendant is not required to prove their innocence, but rather present the court with relevant documents, evidence, or testimonies that strengthen their case. It is the prosecution's responsibility to establish each element of the crime beyond a reasonable doubt.
Accidents. According to Texas law, if a person unintentionally engages in an action that results in a crime without intent, they may invoke the defense of accidents. By demonstrating that the crime was accidental, a defendant and their attorney can argue for a not guilty verdict. It is important to note that this defense may not apply in cases where the crime was caused by accidental actions under the influence of substances or similar circumstances.
Alibis. An alibi is an affirmative defense that requires the defendant to provide solid proof that they were in a different location when the crime took place, establishing their absence from the crime scene. This defense relies on evidence such as confirmation from another person who can verify the defendant's whereabouts, phone records, surveillance footage, or tangible proof like tickets or receipts.
Coerced Confessions. This defense addresses situations where innocent individuals are coerced into confessing to crimes they did not commit. Law enforcement misconduct, including misleading tactics, physical force, or denial of legal representation, can contribute to coerced confessions. Learn more about this defense in our blog post "Confessing to a crime you didn't commit."
We believe that a strong legal defense can make a significant difference in the outcome of a case. Our dedicated team is committed to providing skilled representation and fighting tirelessly to protect the rights and interests of our clients.
Please contact us at DKW Defense to schedule a consultation and discuss your legal defense options.
Entrapment refers to situations in which most commonly an undercover law enforcement officer manipulates a person to commit a crime by coercing, threatening, or harassing them. As such, this type of defense is typically used in situations that involve undercover officers related to child pornography, possession or selling of regulated substances, prostitution, or public indecency acts.
The constitutional violation is a class of criminal defense that refers to a way in which law enforcement has collected the evidence. These kinds of police mistakes can lead to a dismissal of the case if proven to be truthful. Some examples of constitutional violations include unlawful search and seizure of the defendant or the defendant’s property such as home, vehicle, or personal items; lack of entry warrant; solicitation of improper confession; or a lack of presentation of Miranda Rights to the defendant at the time of the arrest.
Just like alibi, the insanity defense belongs to a group of affirmative defenses, meaning that it demands that the defendant proves beyond a reasonable doubt that they were impacted by a severe mental illness or disorder when they committed the crime. This kind of defense is legitimized in the court of law on the basis of the so-called M’Naghten Rule, one that refers to the fact that due to the mental disorder the defendant was incapable of distinguishing right from wrong or that they were driven by an “irresistible impulse” due to which they were unable to stop themselves.
Unfortunately, law enforcement is not always abiding by the law and is sometimes guilty of various sorts of misconduct. Some of the most common manners in which the police are abusing power include manipulating information in crime scene reports or testimonies, evidence planting, unnecessary and exaggerated use of force, including teasers and pepper sprays.
Self-defense is a type of justification that is commonly used for crimes such as assault and murder, ie. crimes in which the defendant used violence to defend themselves against the violent actions of the victim, or the threat thereof. In order to be legitimized, the force used by the victim and the defendant needs to be reasonable and proportional.
Lack Of Probable Cause
In order for the police to be able to detain or arrest a person, they need to have probable cause – a sound and reasonable suspicion that a crime has or will happen. Should a defense attorney discern that there is a possibility that their defendant has been stopped or detained without probable cause, they may decide to file a motion to suppress and to discredit potential evidence that has been seized during a search that happened without probable cause.