How to Prepare for a Criminal Trial

Preparing for a criminal trial can be overwhelming. Your defense lawyer will walk you through the process, from collecting documentation to how to conduct yourself at trial. At Puget Law Group, we know a Washington criminal defense lawyer can significantly increase your chances of a favorable outcome.

Preparing for a Criminal Trial in Washington

The criminal justice system is complex. Generally, criminal cases are tried in state or local courts. However, when the charge is a felony, it is tried in federal court. Preparing for a criminal trial may change depending on which court the trial is taking place.

The Parties Involved in Trial Preparation

Generally, the following parties are involved:

• Paralegals: Legal professionals directly under the leading attorney on the case. Paralegals often focus on research and drafting documents. 
• Clerks: A legal clerk helps the defense team with small administrative tasks, such as light research and preparing legal documents. They will utilize updated office technology so that everything needed for the trial is in order and documented correctly.
• Expert witnesses: As a very important part of trial preparation teams, these expert witnesses are just that: experts in a specific area. They can base their testimonies on facts and information that the jury can easily follow. 
• Other legal professionals: If your lawyer seeks assistance from other lawyers in the field, it will only add to the skill and organization of your defense. Sometimes, creating a defense is a tedious process, which means other lawyers with experience can assist and share any needed information they have. 

Understanding the Charges Against You

First, it is important to fully understand the charges you are facing. You should know the specific offenses you are being charged with and the potential penalties. The more informed you are about what is happening, the better decisions you can make when your attorneys present your options.

It may be in your best interest to bring a list of questions during your first consultation. You and your attorney can go over the charges, details of your arrest, and potential defense strategies. If you have had any prior run-ins with law enforcement, including arrests and convictions, it may be helpful to disclose the information to your attorney.

Once retained, your lawyer can begin the process of crafting a strong criminal defense. Every case is unique. However, your attorney will help you navigate the pre-trial procedures so you are fully prepared.

Pre-Trial Procedures

During pre-trial, there are various steps and motions your attorney will guide you through:

• Discovery: During the discovery process, your defense lawyer will exchange pertinent information regarding the details of your case. The prosecution will hand over evidence, including police reports, lab results, and other supporting information. In turn, the defense releases the names of witnesses and any recorded statements to the prosecution. 
• Potential plea agreement: In some cases, negotiating a plea deal may be in your best interest. Various factors affect whether or not a plea agreement is the most favorable outcome. If it is, plea deals are negotiated at the pre-trial phase. 
• Pre-trial motions: Depending on the evidence disclosed by the prosecution, your defense lawyer may need to file a motion. Pre-trial motions may include a motion to suppress evidence if they believe it was obtained illegally or a motion to dismiss if they believe the evidence is not strong enough.

Jury Selection

Jury selection aims to be as fair as possible. Your lawyer, the prosecutor, and the judge interview prospective jurors to determine whether they are fair and objective. Once a set of jurors is selected, they are instructed on the law and asked to render a decision based on the facts presented at trial.

How Your Criminal Defense Lawyer Will Help with Your Trial Preparation

Criminal trials are emotionally and mentally taxing. Your criminal defense lawyer can help ease your mind by handling the extensive leg work and preparatory measures.

Gathering Critical Evidence

The most important step in trial preparation is gathering critical evidence. Your legal team will gather pertinent information and other supporting evidence, including but not limited to the following:

• Physical evidence
• Video footage (e.g., ring cams, business security cameras, dash cams)
• Digital recordings
• Recorded statements
• Testimonies of the alleged victim and witnesses
• Evidence of civil rights violations

Collecting and sifting through all the evidence is a tedious and lengthy process. It takes an experienced eye to find discrepancies and inconsistencies that may be used against the prosecution’s case. Other evidence may support your credibility and narrative of the alleged crime.

Preparing Witnesses and Testimonies

Witnesses are an essential part of any prosecution and defense. Witness testimony carries a significant amount of weight with the jury. Your attorney will take time to prepare witnesses for the defense, specifically regarding:

• Courtroom decorum
• Cross-examination tactics
• Questioning techniques

While witnesses are crucial, their testimony can fall apart or seem less credible if they are not clear and concise.

Crafting a Defense Strategy

A defense strategy is unique to your particular situation and goals. Several factors are considered when crafting a strong defense:

• Your side of the story and credibility in the eyes of jurors
• Witness testimony and credibility
• Police reports, errors, and the credibility of their investigation
• Expert testimony and credibility
• Physical and circumstantial evidence
• Required crime elements to establish guilt
• The prosecutor’s history and case strategy
• The judge’s ruling history on similar cases

After taking in all the information, your criminal defense lawyer will present the strengths and weaknesses of your case and talk you through various strategies to protect your best interests. Some common strategies involve creating reasonable doubt, self-defense, mistaken identity, and an accident without criminal intent.

Contact the Esteemed Criminal Defense Lawyers of Puget Law Today

At Puget Law, we take pride in our criminal defense case results. Our attorneys work tirelessly for our clients, taking time to understand the full impact of the allegations against them. To learn how our highly skilled legal team can protect your rights and mitigate the damaging consequences of an arrest, schedule a consultation today.