Core Insights from Independent Criminal Defence Practice

1. What People Misunderstand About Criminal Cases

Most people think criminal cases are about finding the truth or proving innocence.

In reality, criminal defence is concerned with:

• the allocation of the burden of proof,

• compliance with procedural requirements, and

• the categories of evidence that the court is legally permitted to consider.

For this reason, effective defence preparation requires careful attention to:

• mapping factual timelines,

• assessing witness credibility,

• reviewing potential procedural irregularities, and

• identifying possible evidentiary gaps.

Within criminal proceedings, the court’s determination is guided not solely by what may have occurred, but by what can be established through lawful and admissible means.

2. The Role of Timelines and Consistency

Witness testimony is an important aspect of criminal proceedings. However, courts often assess such testimony in conjunction with its consistency and its alignment with other available evidence.

A weak witness supported by a coherent timeline will often prevail over:

• emotional testimony, or

• confident but internally inconsistent statements.

Accordingly, defence counsel must:

• reconstruct sequences of events,

• test whether those events could realistically have occurred in the alleged order, and

• compare testimony with objective materials such as documents, CCTV footage, or call records.

Courts may place particular weight on objective sequencing, as human recollection can be affected by time, context, and perception. Inconsistencies may therefore affect the assessment of reliability, even in the absence of deliberate falsehoods.

3. Procedural Safeguards in Criminal Proceedings

Many criminal cases do not turn on guilt or innocence alone, but on whether the criminal process itself complied with the law. Criminal proceedings are shaped by procedural requirements designed to ensure fairness and accountability within the justice system.

Issues that may arise in practice include:

• the legality of searches or seizures,

• the propriety of arrests,

• the regularity of investigative steps, and

• the existence and validity of required authorisations.

In this context, criminal defence practice requires counsel to:

• examine compliance with the Criminal Procedure Code,

• verify authority, jurisdiction, and timing, and

• consider the admissibility of evidence under applicable law.

Procedural requirements serve as substantive safeguards within the legal system and reflect constitutional principles and the rule of law.

4. Why Defence Preparation Begins with Weaknesses, Not Arguments

Defence preparation involves not only advocacy, but also careful internal review. Before advancing arguments, defence counsel must consider whether a proposed theory is coherent, legally sustainable, and capable of withstanding judicial examination. In other words, effective defence work does not begin with the question, “How do we win?” It begins with the question, “Where can this fall apart?” This perspective requires discipline and is often reinforced through continued professional exchange and experience.

This process may involve:

• stress-test their own factual and legal theories,

• anticipate potential prosecutorial arguments, and

• identify where the defence narrative may collapse under judicial scrutiny.

In practice, such critical review of the weaknesses within the defence case forms part of professional responsibility. Courts commonly assess cases with regard to internal consistency, credibility, and legal conformity.

5. Concluding Observation

Criminal defence practice is grounded in careful preparation, procedural awareness, and adherence to legal principle. Through disciplined analysis and respect for evidentiary and procedural boundaries, defence counsel contributes to the proper functioning and integrity of the criminal justice system.

Disclaimer & Contact

This article is provided for general information only and does not constitute legal advice. While I strive to keep my legal insights accurate and practical, changes in law or other factors may affect your decisions. If you wish to discuss a matter relating to criminal proceedings, you may contact me to arrange an initial discussion.

What to Expect When You Contact Me:

1. An initial, non-obligatory discussion to understand the nature of the matter

2. Confirmation of the relevant area of law and whether I am able to assist

3. If appropriate, agreement on the scope of work and applicable professional fees before any formal engagement

📩 Contact: osa.chaichit@gmail.com

Osaris Chaichit 

Attorney-at-Law (Thailand)

Notarial Services Attorney