If you have been charged with a crime, you are entitled to the right to meet with an attorney to represent you in court. The Law Office of David Reed specializes in several areas of criminal law, including theft and assault. Here are five steps a criminal defense attorney takes to prepare for trial:
1. Case Evaluation
A criminal defense attorney examines the case to go over the circumstances and explain the charges to the defendant. Reviewing whether a case involves misdemeanor and felony charges allows the attorney to determine potential long-term consequences. This enables them to decide on appropriate strategies.
Misdemeanors and felonies are different degrees of charges and vary in terms of penalties, including fines and jail time. Misdemeanors are less severe, and defendants potentially receive probation or short jail sentences. Depending on the charge, first-time offenders may be charged with a misdemeanor. Felonies have longer jail sentences and often result in a criminal record. Misdemeanors vary from Class C to Class A charges, and felonies range from third-class to first-class.
The attorney will review the defendant’s prior history, as arrest records can impact the charges. If you have received a DWI conviction in the past, you may be facing felony charges. Other factors, such as fatalities, also impact your case and the severity of your charge. Be honest about your circumstances to allow the attorney to build your case.
2. Court Requirements and Paperwork
The lawyer makes sure that court requirements are fulfilled, following deadlines for paperwork and other legal requirements. If your property was seized as part of a drug case, the Law Office of David Reed can assist you with fighting civil asset forfeiture by filing paperwork for you. The attorney will review court procedures with you, and they will make sure that court appearances are scheduled correctly to prevent you from missing any trial dates.
3. Evidence Review
As part of building your case, your attorney will collect and go over the evidence involved in your case. This includes witness statements, physical objects such as weapons, and photos or videos taken of the crime scene or the event. They will also review the forensic and police reports. Police reports summarize the supposed events, and forensic reports include analyses of related items. This includes toxicology reports as well as fingerprint and DNA analysis. The lawyer will check to see if all the evidence of the case was collected and filed correctly.
Evidence review allows attorneys to prepare for trial by identifying weaknesses in the prosecutor’s case. Examples include finding possible errors in blood sample analysis or checking the qualifications of an officer who provided a field sobriety test. Criminal defense lawyers have the responsibility of challenging the questionable testimonies and test results. They can also use the evidence to find support for the defendant.
4. Investigation
Attorneys conduct independent investigations to collect more information about the case. This allows them to pursue other theories, challenge the prosecution’s arguments, and support the defendant. Processes include:
- Interviewing witnesses: The Law Office of David Reed talks with the available witnesses during this stage, which can introduce possible suspects or result in a witness changing their statement.
- Visiting the crime scene: This provides the attorney with a better idea of the initial event.
- Meeting with experts: Witnesses with specialized experience in psychology or forensic science help provide more information about available evidence, highlighting possible issues or supporting claims.
The investigative process can offer additional leads, including evidence that was not included during the initial forensic analysis. Statement changes or other results help question the validity of the evidence. This strengthens reasonable doubt during the trial.
5. Procedural Review and Defense Strategy
Your attorney is able to go over the stages involved in the legal process to determine whether any mistakes were made. This includes violations of constitutional rights, illegal searches, and questionable events. If you were questioned by an officer without being informed of your rights, this allows the attorney to challenge your statements. Identifying procedural errors allows your attorney to file a motion to have the related evidence excluded during the trial. This helps strengthen your case and potentially weaken the prosecution’s. Charges can even be reduced.
Reviewing the evidence and possible errors surrounding your case helps your attorney determine an appropriate defense strategy. This includes:
- Lack of intent to commit the offense
- Mutual consent for a physical altercation
- False accusations
- Illegal search and seizure
- Self-defense in an assault case
Meet a Criminal Defense Attorney
Preparing a strong defense helps you achieve positive results in court, such as receiving a reduced sentence or having the charges dismissed. A criminal defense attorney can pursue alternatives to a trial by meeting with the prosecutor. We are also able to assist you with bail and your other legal needs. To schedule a free consultation, the Law Office of David Reed invites you to call or email today.