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Criminal Defense Strategies To Keep You Out of Jail

Robert Stahle • December 11, 2017
Criminal Defense Strategies - Fitch & Stahle Law Firm

After you’ve been arrested and you are facing a trial, your criminal defense lawyer must mount a defense that will either reduce the charges against you, or earn an acquittal.

And while every case is different, there are some common criminal defense strategies that lawyers use to create enough reasonable doubt in a jury’s mind that you committed the crime.

Defendant Wasn’t Present at the Scene of the Crime

One of the easiest ways that a defense lawyer can help a client is by proving that the client was not at the scene of the crime.

This is typically done by showing that the defendant had an alibi that can be confirmed by at least one credible witness.

While it’s true that some defendants can produce credible alibis and still have been involved in a crime via a third party, presenting a strong alibi can help create reasonable doubt in the mind of a jury.

Showing an Alternate Possibility

Another potential defense to a criminal charge is for an attorney to introduce another possibility as to how the crime occurred that does not involve his or her client.

In other words, if a defense lawyer can show that another person could have committed the crime, this can create enough reasonable doubt in a jury’s mind and prevent a unanimous verdict, which is the standard necessary to convict a defendant in a criminal case.

In some instances, defense lawyers will attack the validity of the prosecution’s evidence, including the manner in which DNA was collected.

Because DNA is so crucial in criminal cases such as robbery, burglary, assault, and murder, defense lawyers will often focus their strategy on questioning whether that evidence was properly processed, or whether the evidence was tainted by faulty collection methods.

Creating reasonable doubt in a criminal case only requires a defense lawyer to convince one juror that there is a chance the defendant isn’t guilty. Because if that juror believes that the prosecution has not proven its case beyond a reasonable doubt, the defendant will not be convicted of the crime.

Self Defense

For some criminal cases, the best strategy is for a defense lawyer to admit that their clients committed the crime, but to argue that it was done in self-defense.

This strategy is often used in murder, manslaughter, and assault cases, in which defendants claim that they were defending themselves against another person’s attack.

The key standards in this defense, however, are that defendants must prove that they had a reasonable fear of physical harm, and that they used reasonable force to protect themselves from an attack.

For example, you could not argue self-defense if someone threatened to punch you, and you responded by pulling out a gun and shooting them.

Mounting a Strong Defense on Your Behalf

While a defense to a criminal charge will vary based on the circumstances, an experienced defense attorney will always strive to convince a jury that doubt exists about a client’s guilt. At Fitch & Stahle, we have the resources and expertise to mount an aggressive defense. Please contact us today at 402-494-3012 for a legal consultation.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.