Building a Virginia Beach Carjacking Defense
The penalties for carjacking can be severe. It is essential for those facing carjacking charges to seek help from a tenacious defense attorney. A skilled carjacking lawyer will know the local customs of the jurisdiction and will also know any options an accused may have that would make the prosecutor or the judge more likely to agree to a reduced charge or favorable sentence. The diligent carjacking attorney can speak with prosecutors, witnesses, police, and any other parties that may be involved in the matter.
Speak to an attorney about building a Virginia Beach carjacking defense to help you avoid or mitigate the consequences of a conviction.
Defense Strategies for Carjacking Cases in Virginia Beach
The defense strategies for a carjacking case would depend on the facts of that particular case. The General strategies used when building a Virginia Beach carjacking defense include:
- Developing a strong theory of the case
- Questioning the reliability of identification
- Challenging the constitutionality of police action
- Suppressing evidence.
The Prosecution’s Burden of Proof
A prosecutor must prove that someone intentionally seized or took control of a motor vehicle belonging to someone else with the intent to permanently or temporarily deprive that person of their possession or control of the vehicle, by means of partial strangulation, suffocation, beating, assault, presentation of firearms, or other violence done to the person.
Obtaining Evidence
When building a Virginia Beach carjacking defense, the attorney would obtain all the information possible from the defendant before it starts to fade from their memory. The defendant is the best and first source of information. Next, the attorney will contact all potential witnesses and file discovery.
In any criminal defense case, the attorney will want to obtain any video recording of the alleged incident, witness or police interviews, and any lab reports in order to prepare a proper defense for their client. Often, identity is an issue in carjacking cases. The attorney should seek help from an expert witness to strengthen their case. A useful expert would be a witness identification expert. An eye-witness identification expert could testify and express an opinion as to the reliability or unreliability of eye-witness testimony.
Robbery is a felony, and the first step would be a preliminary hearing that takes place in the General District Court. In General District Court, the discovery includes the criminal record of the accused and any statements that the accused made to police or law enforcement. Once it moves up to Circuit Court, any statements made by the accused, any lab reports used in the investigation of the case will also be available. How much information is available, though, depends on the individual prosecutor and also the policies of the individual Commonwealth Attorney’s Office.
How a Carjacking Attorney Could Help
Whenever a person is charged with a crime, it is essential to contact an attorney as soon as possible. An attorney will have experience studying, applying, and arguing the law. The criminal lawyer will be the individual’s advocate throughout the proceedings. A lawyer can speak with the prosecutor, police, potential witnesses, and any other parties that may be involved in the matter.
An attorney can walk the client through the criminal process and describe all the moving parts in an understandable and accessible way. It is especially important to hire someone who is familiar with the local areas, special rules, traditions, and programs. This is especially important when charged with something as serious as carjacking. Call today to begin building a Virginia Beach carjacking defense.
