Soon after a defendant explains his or her story to a criminal lawyer, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but in most cases will not be exactly the same. Coming up with a defense strategy is not as simple as telling the truth in a way that shows the defendant’s innocence. Instead, it will involve weighing witness credibility, figuring out the reputation between the community and the police as well as various other legal factors.
The very first aspect of preparing a case for trial is to establish a theory. This theory is what the defense will present to a jury, which could explain, justify or prove a defendant’s innocence. Putting this theory forward in court could be very beneficial to the defendant. Prior to a case going to trial, a defense attorney could file a pretrial motions asking for certain evidence to be excluded from trial. This evidence can include certain confessions, statements or actual hard evidence found in a crime scene. In addition, the defense attorney would also probably try to interview any witnesses and/or alleged victims to ascertain information for a trial. This information can be further used during a trial to question credibility and prove to the jury that the prosecutions burden of proof has not been met.
Attorneys are charged to be zealous advocates for their clients and this often means that they will provide coaching to their criminal defendant clients in order to put the best defense theory forward possible. In many situations, defense attorneys will practice mock testimony with the defendant to commit and clearly understand a defense theory to memory; take a defendant to a crime scene in order to stimulate memories and get a defendant to write down their own version of the events, which in many cases varies from the actual police report and discovery provided to the defense.
Additionally, defense attorneys will often explain the theory of the case that the prosecution is using in order to get defendants to include important pieces of fact in their testimony. For example, if a key part of the prosecution’s case is that the defendant was in a certain location at a certain time, the defendant needs to remember to tell a version of events that does not place him at that location at that time. Establishing a criminal defense theory involves manipulating the facts in order to be able to zealously advocate for a client and ensure that he or she has received an effective defense.
It is important for defense attorneys to explain to defendants about various pieces of information about the prosecution’s case so that the defendant knows what kinds of evidence they need to produce.
Another reason that defendants should tell their defense attorneys the complete truth is that it could lead to a lesser charge. If, for example, a defendant is charged with armed robbery, and the defendant tells his attorney that, yes, he did rob the store, but not with any weapon, this could reduce the charge to simple robbery, a much less serious crime in terms of potential jail time as opposed to a robbery with a deadly weapon.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.