Defenses to Crime

California DUI Clinic — Thu, 02 Jul 2009 22:52:48 +0000

Illegal Search or Seizure
All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.

Failure to Give Miranda Warnings
The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.

Self-Defense
A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.

Alibi
The prosecution must prove that the accused was present and committed the crime with which he/she is charged.

Mistake of Fact
A person who was acting under a mistake of fact is innocent.

Entrapment
The government cannot cause a normally law-abiding person to commit a crime.

Statute of Limitations
With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.

Lack of Knowledge
Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.

Lack of Intent
Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.

Proof Beyond a Reasonable Doubt
The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.

Speedy Trial
The government must prosecute or serve an arrest warrant without unreasonable delay.

Confront Your Accuser
Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.

Intoxication
Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.

Cruel and Unusual Punishment
It is illegal for any punishment to be cruel and unusual.

Mental Impairment
A mental health condition may be a defense to many crimes.

Unconsciousness
You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.

Duress
An accused is not guilty of an offense if he/she acted under duress, threat or menace.

Accident
An accidental act or misfortune cannot be prosecuted as a crime.

Necessity
An accused is not guilty of a crime if he/she acted out of necessity.

Jurisdiction
A criminal offense must have occurred in the jurisdiction in which the offense is charged.

Defense to Crimes

Defenses to Crime