Navigating Your Future: What Is the Best Defense in a Criminal Case?

If you have been arrested in Philadelphia, it is important to know your rights and what to expect. The process can be confusing and overwhelming, but there are some things you can do to help yourself. At The Walker Firm, we understand that being taken into custody is a stressful experience. However, by understanding the landscape of criminal defense, you can remain in control and ensure your rights are respected.


Led by Michael A. Walker, a premiere multi-state litigation lawyer serving Pennsylvania, New Jersey, and Washington D.C., our firm brings countless hours of courtroom experience to every case. We believe that the "best" defense isn't a single strategy; it is a tailored approach that combines legal expertise, constitutional protection, and a deep understanding of local court procedures.


The "Best" Defense is Built on Three Pillars

In criminal law, there is no one-size-fits-all solution. The most effective defense is the one that fits the unique facts of your case. Generally, high-success defenses fall into three strategic categories.


1. Affirmative Defenses: Justifying the Action

An affirmative defense is when you admit that the act occurred but argue that there was a legal justification for it.

  • Self-Defense: Perhaps the most well-known defense. In Pennsylvania, under the "Stand Your Ground" and "Castle Doctrine" laws, you may be justified in using force if you reasonably believe it is necessary to protect yourself or others from imminent harm.
  • Duress: This applies if you were forced to commit a crime under a threat of immediate death or serious bodily injury.
  • Necessity: This defense argues that committing the crime was necessary to prevent a greater harm from occurring.

2. Procedural Defenses: Challenging Constitutional Violations

Sometimes the best defense has nothing to do with what you did, but everything to do with what the police did. As a premiere litigation firm, we scrutinize the actions of law enforcement to see if your rights were violated.

  • Illegal Search and Seizure: Under the Fourth Amendment, if evidence was obtained without a valid warrant or probable cause, we can file a motion to suppress that evidence, often leading to a dismissal of charges.
  • Miranda Rights Violations: If you were interrogated while in custody without being read your rights, your statements may be inadmissible.
  • Chain of Custody Issues: We investigate how forensic evidence—like DNA or drugs—was handled. If the "chain" was broken, the evidence may be unreliable.

3. Factual Defenses: Attacking the Prosecution's Narrative

The burden of proof lies entirely with the prosecution. They must prove your guilt beyond a reasonable doubt. Our job is to create that doubt.

  • Alibi: Providing credible evidence (receipts, GPS data, witness testimony) that you were elsewhere when the crime occurred.
  • Mistaken Identity: Eyewitness testimony is notoriously unreliable. We challenge the credibility of witnesses and the methods used in police lineups.
  • Lack of Intent: Many crimes require the prosecution to prove you intended to cause harm or break the law. If we can show the act was an accident or a misunderstanding, the charges may not stick.


Strategic Tips When Facing an Arrest in Philadelphia

Knowing what to do and not do when being arrested is essential for protecting both your legal rights and physical safety. The Walker Firm recommends these critical steps:


Exercise Your Right to Silence

Understanding that you have the right to remain silent—use it! Beyond providing your basic information (name, address, and date of birth), you do not have to answer any questions. In Philadelphia criminal defense matters, providing accurate basic information is standard practice and helps facilitate the process, but discussing the details of the incident without a lawyer is a major risk.


Request an Attorney Immediately

Always be firm and request to speak with an attorney. Do not wait. From the moment of your arrest, a knowledgeable lawyer can begin protecting your interests and guiding you through the next steps, such as the preliminary arraignment and bail hearings.


Stay Calm and Cooperative

Be cooperative but firm with the police officers. Do not resist arrest or try to run away, as this can lead to additional charges like obstruction of justice or fleeing and eluding. Allow yourself to be taken into custody peacefully and let The Walker Firm handle the legal battle in the courtroom.


Your Matter is Our Priority

The best defense in a criminal case is a proactive one. Whether it is through an aggressive investigation, challenging the credibility of "professional liars" on the witness stand, or negotiating a favorable plea deal when the evidence is strong, your choice of representation makes the difference.


At The Walker Firm, you aren't just a number; you and your matter are our priority. We serve the people of Pennsylvania, New Jersey, and D.C. with the heart and the experience required to fight for your freedom. You don't have to go through it alone; take the necessary steps now to get the legal assistance you need.


Are you or a loved one facing charges in Philadelphia? Book your consultation today with a knowledgeable lawyer who will help guide you through the next steps in the criminal defense process. With The Walker Firm, you can trust that your rights and interests will be protected every step of the way.