Criminal Defense Litigation Strategies

Criminal defense is not just about standing beside an accused individual in court — it is about safeguarding constitutional rights against the power of the State. For attorneys, this work requires vigilance, preparation, and a willingness to aggressively challenge the evidence and procedures that form the basis of a prosecution.

At The Santos Law Firm, PLLC, our philosophy is rooted in early, proactive defense. From the moment we are retained, we begin scrutinizing the government’s evidence and preparing to expose weaknesses that can lead to dismissal, reduction of charges, or acquittal at trial.

This article highlights key litigation strategies and considerations for criminal defense attorneys handling felony and misdemeanor cases.

Presumption of Innocence and the State’s Burden

Every defense strategy begins with a reminder of the foundational principle: innocent until proven guilty.

The State carries the highest burden in the American legal system — proof beyond a reasonable doubt. This standard must be reinforced before judges and juries at every stage of litigation. As defense attorneys, our role is to ensure that burden is never lowered, even subtly, by prosecutorial shortcuts or improper evidentiary practices.

Early Evidence Review – The Cornerstone of Defense

An aggressive defense demands immediate access to the State’s evidence. Upon engagement, we initiate a close review of:

• Police reports for inconsistencies or unlawful procedures
• Witness statements for contradictions and credibility issues
• 911 call recordings for context and reliability
• Patrol car dashcam and officer body-worn camera footage
• Laboratory reports and forensic evidence subject to scientific challenge

Early discovery not only allows for targeted motions to suppress but also puts the defense in a position to negotiate from strength.

Challenging the Admissibility of Evidence

Defense attorneys should always evaluate whether the evidence against their client was obtained legally and constitutionally. Suppression issues can arise from:

• Unlawful searches or seizures in violation of the Fourth Amendment
• Improper custodial interrogations lacking Miranda warnings
• Chain of custody gaps undermining the reliability of physical evidence
• Improper forensic testing or flawed expert methodologies

A successful suppression motion can dramatically weaken the prosecution’s case, often leading to dismissal or favorable plea negotiations.

Felonies vs. Misdemeanors – Strategic Considerations

Under Texas law, as in other jurisdictions, criminal offenses are divided into felonies and misdemeanors. Defense strategies must be tailored accordingly:

• Misdemeanors: Often resolved through diversion programs, deferred adjudication, or plea negotiations. However, collateral consequences (such as immigration status or professional licensing) must always be assessed before recommending a resolution.
• Felonies: Require heightened scrutiny, given the potential for significant prison time, fines, and life-long consequences. Defense often focuses on evidentiary suppression, forensic challenges, and aggressive trial preparation.

Understanding how classifications affect sentencing ranges, probation eligibility, and collateral impacts is critical when advising clients and structuring defense strategies.

Building the Narrative – Humanizing the Client

One of the most effective tools in defense practice is reframing the client not as a “defendant,” but as a human being with a story. This involves:

• Presenting mitigating factors such as employment, education, or family responsibilities
• Highlighting lack of criminal history or positive community contributions
• Exposing weaknesses in the State’s portrayal of intent or motive

Humanizing the client can influence prosecutors in negotiations, judges in sentencing, and juries at trial.

Trial Preparation – The Zealous Advocate’s Role

Even when resolution through dismissal or plea seems likely, every case should be prepared as if it will go to trial. Thorough preparation includes:

• Identifying and preparing defense witnesses
• Retaining expert witnesses for forensic or psychological testimony
• Developing voir dire strategies to select an impartial jury
• Crafting persuasive opening and closing arguments anchored in constitutional principles

By signaling readiness for trial, defense attorneys increase their credibility and negotiating power.

Collaboration and Referral Opportunities

Criminal defense is demanding work that often requires collaboration between firms. Attorneys handling cases outside their comfort zone — whether due to complexity, severity, or resource demands — should not hesitate to seek co-counsel arrangements. At The Santos Law Firm, we welcome partnerships that strengthen the defense team and ensure the client receives the best possible representation.

Conclusion – Guarding the Constitutional Line

The essence of criminal defense is zealous advocacy from the very beginning of a case. By aggressively challenging the State’s evidence, holding prosecutors to their burden of proof, and presenting clients as individuals rather than case numbers, defense attorneys safeguard the rights that define our justice system.

At The Santos Law Firm, PLLC, we are committed to this mission and welcome collaboration with colleagues who share the same dedication to protecting liberty.