It’s the stuff of “buddy comedies,” but it’s certainly not funny when it happens to you. You find yourself under arrest—or worse, you wake up in an Indiana jail—and you haven’t the slightest idea how you got there. Perhaps you had too much to drink the night before and blacked out; perhaps you have a medical condition. Or perhaps you were involved in a crash and went unconscious, and the events leading up to the crash are erased from your memory. Whatever the case, you’re now facing criminal charges, and because you have no memory of the alleged incident, you have no idea how to answer the charges—or indeed whether the charges are valid! What can you do to defend yourself?
As helpless as you might feel right now, the truth is you’re not as much at a disadvantage as you might think—even if you have no recollection of what happened. Let’s explore how a good criminal defense attorney can still help you defend against the charges.
Witness Testimony
If you can’t remember what happened, chances are someone else can. If you were with friends or relatives the night of the alleged incident, your attorney can procure statements from them to recall the details that you can’t remember. Witnesses can testify to what you said and did (or didn’t do), as well as contradicting what any alleged victim claims may have happened.
Video Footage
We live in a day when cameras are everywhere—so there’s a good possibility that whatever did (or did not) happen is captured on video somewhere. Video footage can be a useful source of evidence, both to fill in the gaps of what you don’t remember happening, and in many cases, to confirm your innocence.
Forensic Evidence
If the police are accusing you of a crime, there is often physical evidence that either confirms or refutes that accusation. This can be especially true for vehicle crashes or violent crime scenes. A good attorney can investigate this evidence to find out what really happened.
Lack of Intent
Proving intent to cause harm is a key ingredient for prosecuting most crimes. If prosecutors can’t prove you intended to commit the crime, they cannot prove their case “beyond a reasonable doubt.” In this situation, your memory lapse may actually work in your favor because even if the evidence confirms you committed the act, it’s difficult for prosecutors to hold you responsible for what you honestly can’t remember doing. A good attorney will know how to integrate this truth into your defense.
Hire an Attorney as Soon as Possible
If you’re facing charges in Indiana for a crime you don’t remember committing, it’s essential to get an experienced legal team working for you as quickly as possible. The attorneys at Razumich & Associates can make sure your legal rights are protected as you sort through what happened, as well as compile the necessary evidence to fight the charges. Contact us today, and let us start preparing your defense now.