When you’re facing criminal charges, what happens behind the scenes is just as important as what happens in court. Good attorneys don’t just show up and wing it – there’s a ton of prep work that goes into building your defense.
I’ve broken down the top 5 most crucial steps criminal defense lawyers take when handling your case.
1. Meet the Client and Understand the Case
The first thing any decent lawyer does is sit down with you for a long, detailed conversation. This isn’t just small talk – they need to hear your version of events, unfiltered.
They’ll ask about everything – where you were, who was there, what was said, any prior history with the people involved. Sometimes they might push for uncomfortable details or ask the same question in different ways. They’re not trying to trip you up – they’re looking for inconsistencies that the prosecution might exploit later.
Good attorneys take notes like crazy during these meetings. They’re listening for potential defense angles and spotting weak points in the prosecution’s likely narrative. They also need to know about your background, your record, and anything else that might come up in court.
2. Review All Evidence and Discovery Materials
Once your lawyer receives the discovery package from the prosecution, they go through it with a fine-tooth comb. This includes police reports, witness statements, photos, videos, lab results, expert opinions – basically everything the other side plans to use against you.
They’re looking for gaps in the evidence chain. Maybe the search warrant had flaws. Maybe evidence wasn’t handled properly. Maybe witness statements contradict each other. These aren’t just technicalities – they can be the difference between conviction and acquittal.
A good defense attorney doesn’t just read these materials once. They review them multiple times, often finding new angles or questions with each pass. They might spend hours watching bodycam footage or listening to recorded statements, catching details others missed.
3. Develop a Defense Theory and Strategy
After understanding your story and reviewing the evidence, your attorney develops the core theory of your defense. This isn’t about making up a story – it’s about creating a coherent, believable explanation of events that aligns with the evidence while supporting your innocence or reducing your culpability.
The strategy might involve challenging the prosecution’s evidence, presenting alternative explanations, questioning witness credibility, or focusing on technical legal issues. Sometimes the best approach is arguing for lesser charges rather than complete dismissal.
Your lawyer has to consider how each piece of evidence fits into this strategy. What helps? What hurts? What can be excluded through motions? What needs to be explained? They’re essentially building a puzzle where all pieces need to fit together logically.
Working with experienced Maryland criminal defense attorneys ensures that every step of your case is handled with local knowledge, skill, and a commitment to your best outcome.
4. Investigate the Facts and Interview Witnesses
Good defense work is proactive. Your attorney won’t just react to the prosecution’s case – they’ll conduct their own investigation. This might involve hiring private investigators, visiting the scene, interviewing witnesses the police didn’t talk to, or consulting with experts.
Witness preparation is crucial too. Your attorney needs to know exactly what people will say when called to testify. They’re not coaching witnesses to lie – that would be unethical and illegal. But they need to understand how testimony will unfold and prepare for various scenarios.
5. Prepare and File Pretrial Motions
Before trial even starts, your attorney will likely file various legal motions that can dramatically shape your case. These might include motions to suppress evidence, dismiss charges, change venue, or limit certain testimony.
This legal paperwork requires serious research and writing skills. Your attorney needs to know relevant case law inside and out, applying precedents that support your position. These motions can sometimes end a case entirely if evidence gets thrown out or charges dismissed.
The criminal defense process is complex and detail-oriented. A good attorney leaves no stone unturned in preparing your defense, because they know that thorough preparation is often what makes the difference between walking free and facing serious consequences.
To read more content like this, explore The Brand Hopper
Subscribe to our newsletter
