A criminal attorney can help you avoid wrongful conviction
The top criminal attorney in Boise and Nampa ID aims at helping you have a fair trial and prevent wrongful convictions. Wrongful convictions are a serious problem in the criminal justice system. They deprive innocent people of their freedom, dignity, and reputation, and they undermine public trust in the law. Many innocent people have spent years or decades in prison for crimes they did not commit. Some of them were even sentenced to death.
How wrongful convictions happen
Wrongful convictions are when a person is convicted of a crime they did not commit. They can be caused by multiple failures or misconduct by investigators, witnesses, scientists, lawyers, or government officials. Some of the common causes of wrongful convictions are:
- Eyewitness misidentification: This occurs because the human memory is not perfect and can be influenced by various factors, such as stress, lighting, distance, or suggestive questioning.
- False confessions: This occurs when a person admits to a crime they did not commit, either because of coercion, intimidation, mental impairment, or ignorance of the law.
- False or misleading forensic science: This occurs when forensic evidence is misinterpreted, fabricated, contaminated, or based on unreliable methods.
- Jailhouse informants: This occurs when a person who is incarcerated provides false testimony against another person in exchange for leniency or other benefits.
- Concealing exculpatory evidence: This occurs when prosecutors or police withhold or destroy evidence that could prove the innocence of the accused.
Wrongful convictions can sometimes be detected or overturned using postconviction DNA testing, but not all cases have DNA evidence available. Wrongful convictions can have devastating consequences for the innocent person and their family, as well as for the public safety and trust in the justice system.
In Idaho, there have been at least two cases of wrongful convictions that resulted in decades of imprisonment for innocent men. Both men were coerced into falsely confessing to the crimes by police and prosecutors.
To make matters even worse, Idaho has no law to compensate the victims of wrongful convictions. They have to sue the state or the individuals who wronged them, or ask the governor for mercy. However, these options are often costly, time-consuming and uncertain.
Fortunately, Idaho lawmakers enacted a law in 2021 to compensate those wrongfully convicted of crimes. The law provides a fixed amount of money for each year of wrongful imprisonment or death row. It also compensates for the time spent on the sex offender registry or under post-release supervision.
This law is a step in the right direction to acknowledge the harm done to exonerees and to help them rebuild their lives. However, compensation alone is not enough to prevent wrongful convictions from happening in the first place. There is a need for more reforms and safeguards in the criminal justice system to ensure that innocent people are not convicted and that guilty people are held accountable.
One of the most important actors in this system is the criminal defense attorney. A competent and zealous defense attorney can make a difference between conviction and acquittal, between life and death. A defense attorney can challenge the evidence presented by the prosecution, expose flaws and inconsistencies in the investigation and testimony, cross-examine witnesses and experts, present alternative theories and suspects, and advocate for the rights and interests of the defendant.
The Challenges Facing Criminal Defense Attorneys
However, not all defendants have access to quality legal representation. Many defendants rely on public defenders or court-appointed attorneys who are often overworked, underfunded and under-resourced. They may not have enough time or resources to conduct thorough investigations, hire experts or consultants, file motions or appeals, or prepare for trial. They may face pressure to plea bargain or accept unfavorable deals. They may not have adequate training or experience in handling complex cases involving forensic science, eyewitness identification, false confessions or other factors that can lead to wrongful convictions.
Therefore, it is essential that criminal defense attorneys are adequately supported and resourced to provide effective representation for their clients. They should have access to sufficient funding, staff, training and technology. They should have reasonable caseloads and workloads that allow them to devote enough time and attention to each case. They should have independence and autonomy from external influences or interference. They should have ethical standards and accountability mechanisms that ensure they act professionally and diligently.
How Criminal Defense Attorneys Can Help Clients Escape Wrongful Convictions
Top Criminal defense attorneys in Boise and Nampa ID can help clients escape wrongful convictions by providing them with effective legal representation throughout the criminal process. They can help clients by:
- Advising them of their rights and options, and explaining the charges and penalties they face.
- Investigating the facts and circumstances of the case, and gathering evidence and witnesses to support the client’s defense.
- Challenging the validity and reliability of the prosecution’s evidence, such as DNA, fingerprints, ballistics, or confessions.
- Cross-examining the prosecution’s witnesses and experts, and exposing any biases, inconsistencies, or errors in their testimony or reports.
- Presenting alternative theories and suspects that can cast doubt on the client’s guilt or point to another person’s responsibility for the crime.
- Negotiating with the prosecution for a favorable plea deal or dismissal of charges, if appropriate and in the client’s best interest.
- Preparing for trial and presenting a persuasive and compelling defense to the jury or judge.
- Filing motions and appeals to challenge any errors or violations of the client’s rights that occurred during the pre-trial, trial, or post-trial stages.
- Seeking post-conviction relief, such as DNA testing, new evidence, or clemency, if the client is wrongfully convicted and exhausted all other remedies.
By performing these tasks diligently and competently, criminal defense attorneys can help clients escape wrongful convictions and secure their freedom and justice.
Work with a top criminal attorney in Boise and Nampa ID
Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1