Ten Major Pitfalls and Mistakes of the Inexperienced Criminal Defense Attorney in Defending his or her Client.
1.
Never cross-examine a prosecution witness which regarding a crime scene or location without first going to the location and/or scene yourself.
2.
Never rely on or expect the prosecutor to subpoena police witnesses.
If you think a police witness might be helpful, subpoena that witness yourself.
You can always tell the witness to go home.
3.
Never trust the prosecutor in giving you all of the police discovery which is in their possession.
Always insist in reviewing each piece of discovery in the prosecutor's file, prior to the start of the trial.
4.
No matter how tempting never discuss your trial strategy or your theory of the case, unless required by the Court in a pretrial motion.
5.
Never expect that you client will know how to testify if he decides to testify at trial.
Always prepare him or her for trial, and go over in detail what your client can expect if he or she takes the stand.
6.
Never call any witnesses for the defense without speaking to them personally about the case and what evidence they will testify to.
7.
Never cross-examine any witness, including a prosecution witness, unless you first attempt to speak to them prior to trial.
At a minimum the jury will hear that this witness spoke freely with the prosecutor but refuse to talk to anybody from the defense, and shows that the witness had a bias against the defense.
8.
Always check the digital properties of all digital photographs of the prosecution, to insure that focal point lens, of the specific photograph was not used in a zoom mode, to distort distance.
9.
Always file pretrial motions, even if not successful, at a minimum, you will get an opportunity to have some or all of the state's witnesses testify, and be cross-examined, prior to the actual trial.
The testimony is indispensable for later cross-examination of those same witnesses.
10.
Never expect the prosecutor to seek justice or do what is right.
The vast majority of prosecutors will parrot and accept as gospel anything that "their police officers" say and do, regardless how unbelievable and bizarre it may be.
Most prosecutors are concerned only with winning, whether justice is ultimately served, or whether an innocent man or woman is unjustly convicted is just collateral damage in their zeal for law and order.
1.
Never cross-examine a prosecution witness which regarding a crime scene or location without first going to the location and/or scene yourself.
2.
Never rely on or expect the prosecutor to subpoena police witnesses.
If you think a police witness might be helpful, subpoena that witness yourself.
You can always tell the witness to go home.
3.
Never trust the prosecutor in giving you all of the police discovery which is in their possession.
Always insist in reviewing each piece of discovery in the prosecutor's file, prior to the start of the trial.
4.
No matter how tempting never discuss your trial strategy or your theory of the case, unless required by the Court in a pretrial motion.
5.
Never expect that you client will know how to testify if he decides to testify at trial.
Always prepare him or her for trial, and go over in detail what your client can expect if he or she takes the stand.
6.
Never call any witnesses for the defense without speaking to them personally about the case and what evidence they will testify to.
7.
Never cross-examine any witness, including a prosecution witness, unless you first attempt to speak to them prior to trial.
At a minimum the jury will hear that this witness spoke freely with the prosecutor but refuse to talk to anybody from the defense, and shows that the witness had a bias against the defense.
8.
Always check the digital properties of all digital photographs of the prosecution, to insure that focal point lens, of the specific photograph was not used in a zoom mode, to distort distance.
9.
Always file pretrial motions, even if not successful, at a minimum, you will get an opportunity to have some or all of the state's witnesses testify, and be cross-examined, prior to the actual trial.
The testimony is indispensable for later cross-examination of those same witnesses.
10.
Never expect the prosecutor to seek justice or do what is right.
The vast majority of prosecutors will parrot and accept as gospel anything that "their police officers" say and do, regardless how unbelievable and bizarre it may be.
Most prosecutors are concerned only with winning, whether justice is ultimately served, or whether an innocent man or woman is unjustly convicted is just collateral damage in their zeal for law and order.