Richmond Carjacking Defense
When beginning a Richmond carjacking defense, an individual should speak with an experienced carjacking lawyer regarding the type of case they would like to present in court. The client should give as much testimonial evidence as possible.
Meaning, an attorney will want information regarding the details of the case and incident in question. Such details will be what a prosecutor will try to question and challenge. It is important that the individual’s lawyer has a good understanding of the client’s version of events.
They will also take the accuser’s background into account. They will build a case to question the credibility of the accuser and whether or not the car was actually taken. If the car was found, an attorney will want to know where it was found and who it was found with.
Proving a Carjacking Offense
The provable elements of a carjacking include the taking of a car by threat, force, or intimidation. The prosecution would have to prove that the car was taken from the individual or from their person. All that information is going to come into play. How someone committed a carjacking can be considered immaterial when planning a Richmond carjacking defense. It is not considered a useful part of the evidence someone is going to be searching for in a carjacking case.
Preparing a Defense
As soon as the case is brought in the general district court and the low court, the first thing someone should do in every case is discuss the Richmond carjacking defense with an attorney. Whether it is positive or negative, whether it is damning or whether it is going to be indemnifying. Attorneys will want to know everything about the case; that is going to determine the best way in which to fashion the defense. After going into a thorough interview with the client, attorneys then start following up on what they have told their lawyer and what different leads they may have given.
While doing that, someone is also going to begin investigating and filing motions from the side of the Commonwealth to figure out not what has actually happened because the client is going to be the one who should be able to tell what has actually happened but what the Commonwealth believes the situation to be because one can argue around certain things or prepare things in a certain way if one understands the Commonwealth to believe that A, B, and C has happened even if X, Y, and Z has actually happened.
Value of a Lawyer
A lawyer is a valuable help when building a Richmond carjacking defense due to the possibility for probation and reduced sentencing options when dealing with a case such as carjacking. They will work with you to learn the facts, gather evidence, and negotiate pre-trial with the Commonwealth. They will try to show the Commonwealth that there are certain elements of the case that they cannot prove. It is important to hire an attorney who is prepared with the evidence and knows the testimony before entering trial.