How to Build a Criminal Defense Strategy
A criminal defense attorney plays the most important role in the upkeep of the Bill of Rights. Half of the first ten amendments are to protect the rights of an individual that is accused of a crime. As a criminal defense attorney, you are required to ensure that your client receives a fair trial.
In order to build a successful defense you will need:
- Police report
- Prosecution's discovery
- Grand jury transcript
- Client's evidence
- Access to law library
- Digital recorder
- Private investigator
- Interview your client. The interview between you and your client should provide you with the information you need in order to determine the needs of you client. The information that you obtain during the interview should inform you whether or not your client is likely of being convicted or not. Discuss all possible options with your client, including any possible plea bargains.
- Contact the prosecuting attorney to gain an insight of their disposition of the case. Be certain that you do not compromise your clients’ confidentiality. Depending on the prosecutors’ approach of the case and your feelings toward the information you’ve received, you may want to discuss arrangements for exchanging any discovery.
- Conduct your own investigation in order to find any exculpatory evidence. The investigation that is done by the police will not focus on your client’s acquittal. You must do your own research. A private investigator will be very useful in the research and investigation of the crime. Contact the witnesses that are listed in the police report. Take your own photographs from the crime scene. Interview friends and family of your client and the alleged victim. Contact expert witnesses who may be helpful in helping a jury to understand your client’s position.
- Thoroughly read the grand jury transcript. Look for any information from witnesses that contradict one another or previous statements.
- Make a note of all constitutional and statutory issues. Compile a list of the facts and an overview of the case. Make a list of all legal issues that have been encountered. List the statutory charges against your client and the elements of each charge. List all of the constitutional issues that may arise from the investigation.
- Create a theme or theory that provides that jury with an alternative way of viewing the facts that the prosecution delivered. Be certain to stick to your theme or theory throughout the trial. Include your theory in your opening and closing statements.