Common Prosecution Tactics Used in Massachusetts Criminal Case

Common Prosecution Tactics Used in Massachusetts Criminal Case


If you are facing criminal charges, it is important to know what you are up against. What kinds of strategies will the prosecution use against you? What are the best ways to respond to these tactics? How do you present your defense in such a way that you are safe from counter-arguments? In many ways, your own strategies and those of the prosecution will depend entirely on the unique factors of your specific case. However, there are definitely a few common prosecution tactics that you should anticipate.

If you are looking for help, the most obvious choice is to connect with an experienced criminal defense attorney in Massachusetts. Our legal professionals are well aware of the various strategies that the prosecution might use in your case. Not only that, but we can use defense strategies of our own to help you fight for your rights and freedoms. If you have questions about legal matters, contact our criminal defense attorneys today.

Prosecutors Always Try to Get the Jury on Their Side
Prosecutors understand the vital role that the jury plays in a criminal trial, and they will immediately try to get these individuals on their side. They will use arguments that appeal to the “average folk,” and many of these arguments will be highly emotional in nature. They may use catchy phrases such as “drunk drivers have no place on our streets.” The jury may also be encouraged to put themselves in the situation of any alleged victims. For example, “What if it was your daughter?”

Prosecutors Point Out Flaws in Your Defense
Prosecutors are usually quick to point out flaws in your defense. They usually have pre-planned counterpoints for any defense you might present. A common defense is a case of mistaken identity. There might also be a lack of evidence. Or perhaps the defendant is going to plead insanity. For each of these possible defenses, the prosecution will look for ways to push back.

In a case of mistaken identity, they might state that you are merely trying to shift the blame and claim that “some other guy did it.” If you claim that there is a lack of evidence, they may argue that witnesses and other forms of evidence are actually reliable enough to convict you. If you are pleading insanity, they may ask an independent psychologist to assess you.

Shifting the Burden of Proof
Remember, you are innocent until proven guilty in the United States. The burden of proof is on them. However, the prosecution may attempt to shift the burden of proof, suggesting that it is your responsibility to prove your innocence. This is not true, and a good defense attorney will remind the court and the jury of this fact.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified, experienced criminal defense attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have helped numerous individuals in the Western Massachusetts fight against criminal charges, and we are familiar with many common strategies employed by prosecutors. Avoiding legal consequences becomes much easier when you work with qualified professionals. Our offices are conveniently located in West Springfield, so reach out and book your consultation today. 413-732-8356