CRIMINAL DEFENSE

Innocent until proven guilty

Steps in a criminal defense case…

As we see it, regardless of the criminal charge that you are facing (i.e. drug and/or gun cases, murder, attempt murder, deceptive practices, home invasion, robbery, burglary, battery, assault, fraud, criminal trespass, damage to property, theft, etc) there are four quintessential (a fancy way of saying “necessary”) steps:

1. Meeting(s)

   Meeting(s). It is imperative to meet with our client (and/or others) who can help us to understand, as best as possible what occurred or is alleged to have occurred. These types of meetings generally take place throughout the entire process of the case and often prove invaluable.

2. Discovery

   In all criminal cases, the state/prosecution has an affirmative obligation (once the request has been made by the defense) to turn over all evidence (including police reports, lab results, witness statements, video and/or audio recordings, pictures, etc) that it has in its possession. This evidence is referred to as “Discovery”. The accused (our client) is entitled to see and/or review all of this evidence prior to proceeding with a plea, hearing, or trial. It should be noted that, with certain types of cases, the defense also has an obligation (once the request has been made by the state/prosecution) to turn over all evidence in support of its case as well.

3. Evaluation of Possible Defense(s)

   Once we have met with our client (and/or any possible witnesses) and reviewed the discovery tendered by the state/prosecution, we then evaluate the strengths and weaknesses of the case to determine how best to proceed. Sometimes we find ourselves in a position to proceed to hearing before our client has to decide between a plea or trial. For example, we often find ways to challenge the constitutionality of the search of our client (and/or his or her property) and/or his or her arrest. If we’re able to successfully prove (after hearing) that our client’s constitutional rights have been violated, often some or all of the evidence will be suppressed (thrown out), often resulting in the dismissal of some or all of the charges.

4. Plea/Pretrial Conference, Hearing, and/or Trial

   Once we’ve had an opportunity to meet with our client (along with any necessary witnesses), review discovery, evaluate and/or frame out a defense and proceed with any hearings (if applicable), we then have to discuss the pros and cons between entering into a plea versus proceeding to trial. A plea is an agreed upon resolution to the case that is negotiated by the defense and the state/prosecution, subject to the court’s approval. A pretrial conference (when/where available) takes place (usually) back in chambers (the judge’s office). This is where the defense attorney(s) and the state/prosecutor(s) meet with the judge (generally outside of the presence of the defendant and general public) to discuss the mitigating (favorable to the defendant) and aggravating (unfavorable to the defendant) factors concerning the defendant and/or his or her case. At the conclusion of this discussion, the judge gives a recommendation regarding the disposition of the case (i.e. what he/she will likely order if the defendant is found guilty). Unlike a plea agreement which is subject to the court’s approval, with a pretrial conference, the defendant knows that the court has already approved the sentence (supervision, probation, jail, etc). Finally, the defendant may want to proceed with a trial. Trials can be done in the presence of a judge only (a bench trial) or the presence of a judge and jury (jury trial). With the latter option, the judge will rule on any objections made by the state or defense, but the jury will decide the case (i.e. the defendant’s guilt or innocence).