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There are a variety of different ways an attorney might defend you after being arrested for a crime. They may argue that you’re actually innocent, or that you committed the crime in self-defense. Or, they may suggest that inappropriate actions by police or lab technicians resulted in tainted evidence that cannot be used against you. Here’s what you should know about procedural defenses and how to get help from a Maryland criminal defense attorney.

What Is a Procedural Defense?

If any evidence against you was obtained in a manner that violated the law or your constitutional rights, a procedural defense will seek to have this evidence dismissed. This means that prosecutors will not be able to put this evidence in front of a judge or jury during your trial, thereby weakening the arguments the prosecution has against you. This can be particularly effective when combined with evidence suggesting your innocence or justified actions.

Procedural Strategies to Consider

The below list encompasses many of the most common procedural defense strategies, which do not require the defendant to be proven innocent:

  • Evidence that was falsified
  • Prosecutors were found to have engaged in misconduct
  • Double jeopardy (the defendant has already been tried for the same crime)
  • Witnesses were pressured or coerced to confess
  • Entrapment by law enforcement

How to Increase Your Chances of a Successful Procedural Defense

After being arrested for any crime, the best thing you can do to protect your rights under the law is to hire an experienced criminal defense attorney. Having a lawyer on board during the investigation period can prevent law enforcement officers from making mistakes or prosecutors from acting unethically. In the event that something does come up, your attorney can quickly identify it and secure evidence to prove it in a court of law.

Without a lawyer to help argue your defense, your chances of winning with a procedural defense — or even winning your case at all — become much slimmer. When you hire a qualified attorney, you set the stage for a successful verdict and give yourself a statistically much better opportunity to come out of this situation without serious impact.

Richard J. Brueckner is an experienced Ocean City, Maryland criminal defense attorney with the expertise and skills needed to provide you with the aggressive and comprehensive legal representation you need after being accused of a crime. Call now for your appointment at 410-430-1464.