Prosecution’s Pre-trial Preparation in Criminal Cases


Lawyers should stay ahead of their opponents and should be able to anticipate, among others, possible defenses, possible defense witnesses, the attitude of the defense counsel, and the behavior of the judge. Today, David Serna, an attorney with invaluable experience and unmatched skill, advises on what to expect during trial.
1.       Defenses of the opponent

In criminal cases, there are only a few valid and legitimate defenses that may be raised by the defendant. Some of the most usual defenses are the following:

-          The identity of the defendant (more commonly known as the “Some Other Dude Did It” defense or SODDI, in short)
-          Innocence, such as self-defense, insanity, or necessity
-          Lack of evidence
-          The witness or evidence is not trustworthy or credible
-          Conflicts in the evidence presented
-          No evidence that meets proof beyond reasonable doubt

2.       Possible defense witnesses

The prosecutor must also find out who was present during the crime scene and who, if the defendant is in custody, regularly visits him or her. He can get this information from the offense report or the jail log.

The prosecutor may also request for notice of expert witnesses if his jurisdiction allows said notice.

3.       The attitude of the defense counsel

Defense counsels, likewise, would employ specific defense strategies, and direct and cross-examination techniques. The prosecutor may ask lawyers from his community about the defense counsel.

4.       The behavior of the judge

David Serna, attorney-at-law, advises that the prosecutor must get to know the judge who will be trying the case. He may ask his colleagues about the judge. This will help him adjust his methods and strategies. The prosecutor must also know what the judge expects of him. For instance, some judges prefer written over oral motions; some prefer citing jurisprudence before discussing legal issues; some do not like speaking objections.

David Serna gives attorneys advice and tips on how to go about litigation. Follow his blogs today.

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