During trials, facts of the case are presented before a judge to determine whether the defendant is guilty or wrongly accused of an offense. For numerous reasons, most cases fail to go to trial since the defense attorney negotiates a suitable plea deal with the prosecution. It always results in a plea of guilt, and the defendant might face lenient charges. When a plea bargain fails, and the defendant pleads not guilty, a trial might be scheduled. Defense lawyers are tasked with representing the defendant during trial.
Here is a detailed journey on how the defense lawyer fights for any given case
1. Laying the Ground
A proper defense lawsuit is based on a proper understanding of the case. The defense attorney’s responsibility involves gathering information from various such as:
Investigations
The attorney might gather some new evidence and analyze all the facts presented in the case. A reasonable defense attorney does thorough research and doesn’t rely on the prosecutor’s version. The research done includes conducting interviews with witnesses to ascertain the credibility, exploration of inconsistencies provided by the state evidence, and visiting the crime scene. Expert lawyers at https://www.garfinkelcriminallaw.com/ would always advise anyone facing criminal charges to look for professional representation. Being arrested for criminal offense often comes with severe emotional, financial, and legal consequences; therefore, you might need an experienced lawyer who conducts a thorough investigation, thus ensure that you get a fair trial.
Communication
Having a collaborative and open conversation with their client to gather information about their criminal history and personal history then ascertain that the client is in the right mental state. The attorney also collects information about the relationship between the client and the victim. Owing to the attorney-client privilege, everything shared with the attorney is considered confidential.
Discovery
The discovery process is meant to promote fairness during trials considering that the defense receives all evidence from the prosecution, evidence that includes police reports, witness statements, lab tests, and charge documents. The criminal defense attorney analyzes the documents and looks for loopholes that might assist the defense or point to a case of wrongdoing by law enforcement agencies such as seizure or illegal property search.
2. Interpretation and analysis of the evidence
Upon gathering the necessary information, the defense attorney proceeds with the analysis of the collected facts and creates a defense theory that encapsulates the client’s version of the story. Also, the defense lawyer attempts to answer all doubts and questions that the prosecution might raise during the trial. Good lawyers would use a team approach whenever they develop the defense theory; they would think outside the box, brainstorm, and seek counsel from other expert attorneys, therefore, creating effective defense strategies.
3. Outsourcing Help to strengthen the case
A successful attorney will outsource consultants to offer more legal expertise in the case. There are different outsourcing strategies that your defense lawyer might employ. Some include:
Jury Consultants
The attorney might hire a jury consultant who specializes in selecting the perfect jury that listens to the case. Attorneys are, however, not allowed to exclude jurors based on race, gender, or age. Still, it is the duty of the defense and prosecution to remove any potential bias and jurors who might be sympathetic during arguments. The jury consultant will, therefore, assist the defense team in determining the kinds of jurors who might hinder or help the case while its on trial.
Trial Consultants
Your defense attorney might engage several trial consultants who have experience in cases similar to yours, such as law enforcement, law communication, social sciences, or clinical psychology. The duties of the consultants would vary, but they could help in developing a defense strategy, offer to advise on sentencing recommendations, or help to create a presentation that might help during the trial process.
Expert Witnesses
In some states, attorneys have the privilege of engaging witnesses who might help in testifying and investigation of the case on behalf of the client. A reasonable attorney will find and engage the experts who include lab technicians, medical doctors, psychologists, or forensic scientists.
As an average citizen, you need to be aware of the significance of pre-trial preparation, considering that it might be helpful should your case go to trial. When hiring a defense attorney, it is always essential to find the best counsel, a person who will keep you informed as to the case proceeds, one who conducts independent investigations, and one who collaborates with relevant sources out of their team, when formulating a good defense. Finding a reasonable attorney could be the difference between conviction and acquittal; therefore, always ensure you get the best. Furthermore, you need a fair trial or fair compensation!