What Is A Criminal Defense Attorney Doing?

Criminal defense attorneys must install unrecognizably into the minds of the jury any amount of reasonable doubt his client is guilty. Any small possibility the defendant is innocent of the crime is sufficient to swing a not guilty. This type of defense requires a specific and structured method of strategy. First the defense must make the prosecuting team turn over every piece of evidence, report and testimony in use on the case.

The evidence supplied by the police and the prosecution are aimed at conviction, therefore will eliminate all aspects useful to the client. The defense attorney must go back and look for possibilities that would have been likely to have been eliminated. Then the defense attorney will pour over it, looking for clues. It is important that the defense then conduct an investigation in order to disprove the evidence being used by the prosecution.

It is also important to research the law and look for any interpretation that will help the accused. Laws do sometimes change and the attorney must also be aware of them. Additionally, perhaps even more importantly, a good defense attorney will go over similar trial cases looking for precedents that will help his client. A defense attorney then has a stack of tools to use to defend his client; he will then assemble them into a story line, a motif, which will suit his client.

For example, a client arrested for possession, the defense motif may be that the drugs were not his. This is a simple motif and not usually the best angle, simply used here for example purposes. A good motif will be one that is engaging, interesting, believable and very uncommon while appearing to be irrefutable at the same time.

An attorney's client who was arrested for possession cannot possibly be guilty with evidence and testimony given that his client had that very day, that very hour, been through a high security checkpoint where drug sniffing canines were in use, and none were found on his client. A defense attorney will also file a series of motions whose purpose will be to expose every little thing the prosecution has and is planning on using. Once that is done, more motions will be filed in order try to dismiss as much of the prosecutions evidence as possible.

Preparing for trial means preparing for the worst case scenario as well as preparing clients and other witnesses. A defense attorney will give a second hard interview to his client in order to reveal any untold items the defendant may not have revealed. Throughout the trial, flexibility and fast thinking are paramount to a good criminal defense.

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