Some criminal investigations begin under strange circumstances. In these cases, the odd situation may actually benefit the defendant. A confusing case can help the defense lawyer if the charges are difficult to explain, because a jury may not have a clear idea of what the person actually did wrong.
Police arrested a man in Destin for unrelated charges when he gave a false name and a fake ID during a welfare check.
Suspect gives false name and is arrested for multiple crimes
The incident began when the Okaloosa County Sheriff was contacted about a man who was passed out near a bank in Destin. When they made contact with the suspect, he presented multiple fake IDs with the same name, including a Florida ID card and a social security card, and gave the corresponding name. The false name that the man used actually had a warrant for arrest attached to that person. He was first taken into custody under the assumption that he had given his real name and was wanted for theft charges.
However, the mistake was discovered later during the booking process. They eventually found the real name of the 46 year old male suspect. He was charged with displaying an ID of another person and giving a false name while detained. He also spit at one of the deputies while being booked and was charged with battery on a law enforcement officer.
Defending against the state’s accusations
When someone is charged with a crime and arrested, keep in mind that this is not a conviction. The standard for a conviction is when the state has proven the charges beyond all reasonable doubt, while the police only need probable cause to believe that a crime has been committed to make an arrest. There is a large amount of room for argument between these two standards.
The time between an initial arrest and a conviction after a trial is when a defense attorney does their work. They can review all of the discovery related to the case including any arrest documentation, video evidence, or physical evidence such as drugs and weapons. If any of these items are missing or collected illegally, this can help the defense case.
The elements of a crime
One of the most important aspects of defending against criminal charges is to make sure that the state can prove each element of the crime through some kind of evidence. Elements identify the defendant’s intent along with specific actions that need to be completed in furtherance of the crime.
Many crimes have a few different elements, and if even one of them is missing, the person must be found not guilty. The standard jury instructions given at the end of the trial state that the defendant can only be convicted if all of the elements of the specific crime charged have been proven beyond all reasonable doubt.
Get help from a Destin criminal defense attorney
If you have been arrested and charged with a crime in Destin or nearby areas, contact ASG Legal. They will provide further guidance and a strategy to defend against your charges.
