Your criminal defense attorney has a vast amount of knowledge that you cannot learn from reading law books a few nights a week. This knowledge is accumulated through years of experience working on cases similar to yours. Criminal attorneys investigate to find loopholes in the prosecution’s case and work collaboratively with their team to formulate the strongest defense possible. They may use expert consultants, such as trial lawyers or jury consultants, to accomplish this.
Jury Selection
While many believe jury selection is a random process, it requires skill and foresight to use it best. The right jury can turn a case for or against one side from the beginning.
For example, a consultant can help the defense attorney understand what makes a person open and receptive to the case. This may include how the person wears their hair and other physical features. For instance, a person with an “open, natural flowing” beard or mustache is likelier to be open and receptive than someone with a highly styled beard.
In addition, criminal defense consultants also know what questions to ask to learn about prospective jurors’ life experiences, beliefs, and biases. This can help the lawyer avoid exposing potential biases during the trial. Often, these questions are asked of the panelists on a questionnaire they must complete before or after being time-qualified by the court.
Preparation
Knowing basic criminal defense principles helps to ensure fair outcomes in the legal system. From the presumption of innocence to the right to legal counsel, understanding these fundamental rights can help individuals successfully navigate complex criminal cases.
Before your initial consultation, pack a folder of any physical evidence (like photos, documents, and videos) and any contact information for potential witnesses. This will ensure that any critical details are noticed in the consultation.
Your attorney will also need to gather as much background information as possible about your situation, including a personal and criminal history. This information is confidential thanks to attorney-client privilege, but it’s essential for building a strong case.
During the consultation, your lawyer will identify pressure points in the prosecution’s case, weaknesses in the evidence, and potential opportunities to suppress evidence or witness testimony. This can be leveraged in negotiations to reduce the charges or win an acquittal. It’s also useful in court to help persuade a judge to dismiss the case.
Expert Witnesses
An expert witness is someone who knows about a particular issue or subject. This contrasts with a percipient witness who can only testify about what they have personally experienced. Expert witnesses can reference their educational background, research studies, conversations with colleagues, and fieldwork that can give them a foundation of support for their opinions.
They can use this to bridge the gap between technical data and everyday understanding, helping attorneys construct compelling arguments that connect with judges and juries. While they can add value, opposing counsel often scrutinizes them under cross-examination. As a result, experts must adhere to established protocols for their research and analysis. This ensures that their findings and conclusions are reliable and credible. Moreover, it helps protect the integrity of legal proceedings.
Negotiation
Negotiation is one of the preeminent modes of dispute resolution at all levels of society: family, business, community, and government. It’s also a process that can help save your case.
Successful negotiation requires a clear understanding of your interests and those of your counterparts. During your consultation, be sure to bring any documents you might need and share all of your case’s essential details, even those that might be unflattering. This will help your criminal defense consultant get a realistic picture of your situation.
The first step in a successful negotiation is determining your best alternative to a negotiated settlement (BATNA). Negotiators must believe that a negotiated agreement is possible and that the balance of forces permits such an outcome. A cooperative negotiating style known as principled bargaining has gained wide acceptance in recent years to avoid perceptual bias and hostility. The goal of this approach is for both parties to feel that their interests have been considered fairly.
