What is the best way for my husband to defend himself in court? 12 Answers as of August 11, 2011

My husband is being accused of kidnapping someone. He has proof he was somewhere else at the time of attack but theres a 15 min gap. 2 out of 6 people picked him out of a line up. How does this affect him when it comes to trial? There is no evidence.

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Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If you had to have your kidney removed, would you take out a kitchen knife and start cutting? Kidnapping is a LIFE sentence. You should not try to defend this on your own. Ask for a Public Defender or hire a private lawyer. There may be flaws in the lineup, there may be evidence your husband was somewhere else at the time and a lawyer will know how to present this evidence. Please, please convince your husband that he is not merely playing with fire, he is standing in the middle of the burning house and needs help getting out.
Answer Applies to: California
Replied: 8/11/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
The only way out is to go through the process and put forth his defense. Clearly the police and the DA think there IS adequate evidence. This is also the purpose of a preliminary hearing: to make sure no case proceeds without evidence. He needs a good attorney who will can convince a judge or, if it comes to it, a jury of his innocence.
Answer Applies to: California
Replied: 8/11/2011
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
4 people did not pick him. That sounds like reasonable doubt. Eyewitness identification is suspect. He will need an eyewitness identification expert in court. You need a qualified criminal lawyer on this, someone from your area. Most cases that have been overturned lately were wrongfully convicted based on faulty identification.
Answer Applies to: California
Replied: 8/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By hiring an experienced criminal defense attorney. No amount of free 'tips and hints' from here or anywhere else are going to effectively educate and help you in your defense. Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 8/11/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If two people picked him out, there is evidence. To defend, he should hire an attorney and give the names of witnesses to the investigator.
Answer Applies to: California
Replied: 8/11/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There is evidence against him and that is why he is being prosecuted. The experienced prosecutors believe they can convict him. He needs an experienced criminal defense law firm representing him as he is facing the possibility of many years in prison if convicted.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    For a charge this serious your husband needs an attorney. He should not try to go to the court or the police without an attorney. Tell your husband not to talk with anyone about the case this includes yourself.
    Answer Applies to: California
    Replied: 8/10/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    When you say "defend himself" I hope that does not mean he is representing himself as this would be a mistake, especially on a kidnapping charge. If he has a lawyer, great! If not, he needs one ASAP. His lawyer would be in the best position to evaluate his case/chances at trial. Quite simply, there is not enough here for any lawyer to competently evaluate his case which is why it is so important to hire the right criminal defense lawyer to thoroughly and properly evaluate and investigate your husband's case. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    I hope you're not trying to figure out how he can defend himself. With such a serious charge, he better hire an experienced attorney. Leave it to the pros.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There is so much more to this situation than can be summed up in a few paragraphs. How does he defend himself? He doesn't. He gets the very best attorney he can so they can do a proper defense investigation and defend him against these false allegations. He'll need to lock in his alibi through legally admissible evidence, not to mention attacking the identification. He's looking at serious charges and a potentially lengthy prison sentence. He needs to focus on finding a good criminal defense attorney that routinely practices in the court where his case will be heard.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    Since kidnaping is a very serious crime, I assume he is represented by either a private attorney or a Public Defender. One of the issues that attorneys consider is the reports of what occurred, including lineups, time of incident, etc. If your husband has an alibi, he needs to bring it to the attention of his attorney as soon as possible so that an investigator may interview that person and verify the alibi, locking the person into their statement by formalizing it. I do not know the details of the photo lineup, whether it was a fair represention of parties that looked like your husband, how it was administered, and whether the people that picked him out were in a position to see the alleged kidnapper. There are also experts on false identification that can be retained for trial. false identification is one of the leading causes of wrongful conviction. Since you say there is "no evidence" I assume you mean fingerprints, DNA, clothing left behind, etc. This is not a matter where an attorney can give you a "one size fits all" opinion because each case is fact specific. If you have not hired an attorney yet, you need to do so,. If you cannot afford a private attorney, your husband must advise the court ASAP so the Public Defender can begin work on his case.
    Answer Applies to: California
    Replied: 8/10/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    The best way to defend himself in court is to hire an investigator to conduct a thorough investigation. Cases are won by detailed and careful investigations; such that the prosecuting attorney can be made aware of certain alibis or alibi witnesses. In your case, have your husband gather evidence to show that he was somewhere else such as statements from witnesses or sale receipts. The line up will affect your husband by providing more information to the prosecuting agency to use against your husband. However, 4 out of the 6 people also DID NOT pick your husband out. Again, this is additional information your husband can use to fight his case.
    Answer Applies to: California
    Replied: 8/10/2011
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