How can defense lawyer win a case?

Answer 1

A defense lawyer wins by using the advantage that the State or the plaintiff suing the defendant has the burden of proving the the defendant is guilty or liable. The state in a criminal matter must prove its case beyond a reasonable doubt. A plaintiff in a civil matter must prove its case by a preponderance of the evidence or in some special cases by clear and convincing evidence. Quite simply, if the jury thinks both sides tied, for want of a better word, in their proofs, the defense wins. Defense lawyers plant seeds of doubt in the minds of jurors sometimes just enough so the jury just is not sure that finding for the state or plaintiff is correct. ==Additional Answer== In many cases the skill of the defense attorney is a significant factor when the defendant "wins". Three defense lawyers will approach a criminal case in three different ways. Some are abundantly more skilled in their understanding of the law, studying the evidence, utilizing expert witnesses, eloquence, projecting confidence, connecting with the jury, impeaching state witnesses who are often biased and "knowing" the court in which the trial is held. A good defense lawyer is also very skilled in recognizing when a defendant's rights have been violated and when exculpatory evidence has been withheld. It is like any other profession. The ones with the best skills often win.