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Is voluntary intoxication can be used as a successful defense under some circumstances?

Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense. However, in most states the defendant's intoxication or drug use may serve as the basis for a claim for diminished capacity.


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Does Texas have an intoxication defense law?

Voluntary intoxication does not negate intent in a criminal matter in Texas.


How often is voluntary intoxication or drugs use the basis for the successful assertion of the insanity defense?

Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense. However, in most states the defendant's intoxication or drug use may serve as the basis for a claim for diminished capacity.


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Case problem lawsuit defense strategy?

Case Study : Lawsuit Defense Strategy


Is it ever justifiable to break the law?

Some times yes! in cases of; 1. personal defense, 2. property defense, 3. defense of others, 4. intoxication, 5. incapacity (minors), 6. insanity, 7. duress, 8. and others


Can the case be resolved at a pretrial conference even when you are pleading Not Guilty as defense of self defense in a criminal case?

Yes.


Wats the difference between affirmative defense and technical defense?

An affirmative defense is a legal strategy where the defendant acknowledges the facts of the case but presents additional information or evidence to justify their actions or negate liability, such as self-defense in a criminal case. In contrast, a technical defense focuses on procedural or technical issues in the case, such as lack of jurisdiction or failure to follow legal procedures, which can result in the case being dismissed without addressing the underlying facts. Essentially, an affirmative defense seeks to exonerate the defendant, while a technical defense seeks to challenge the validity of the case itself.


How much do defense lawyers charge per case?

A defense lawyer can charge differently per case. It depends on how long the case is and how long the lawyer is there. On average they charge $10,000 or less depending on the case.


What is the job of defense?

The defense's job is to defend there client by pocking holes in the prosecution's case.


Can a prosecution witness testify after the defense has closed its case in a criminal trial?

Yes, if the testimony is to rebut or impeach evidence given in the defense case in chief.