Admissions and Denials of Guilt

While no two defendants will ever come up with a factually identical version of events, a defendant's account almost always falls into one of three broad categories.

• "Confession" story. Defendants who tell their lawyers confession stories admit that they did what the prosecution claims: "Yes, I did break into the house through a window and steal the computer."

• "Complete denial" story. Defendants who tell their lawyers complete denial stories assert that the prosecution's claims are totally false. An "alibi" is a familiar type of complete denial story: "I was out of town with a friend when the burglary they say I committed took place. I have no idea what they're talking about."

• "Admit and explain" story. This story falls between the "confession" and "complete denial" stories. Defendants who tell "admit and explain" stories agree that part of the prosecution's claims are accurate, but assert legally critical differences: "I did go into the house and take the computer, but I went in through the front door with a key after the person who lived there gave me permission to borrow the computer."

Creating the Defense Strategy

The ultimate defense strategy grows out of, but is not the same as, a defendant's version of events, regardless of which of the three broad categories above it falls into. When formulating a defense strategy, an attorney and defendant also consider such factors as the reliability of defense and prosecution witnesses, community attitudes toward crime and the police, and the defendant's "moral culpability." They use these factors to develop a "theory of the case" that is consistent with provable facts and explains events in a way that favors the defense.