How Federal Criminal Lawyers Prepare for Trial
Preparing for a federal criminal trial is no easy task. It takes months of hard work, research, strategizing, and planning for federal criminal defense attorneys to be ready to defend their clients in court. This article will walk through the key steps a federal criminal lawyer takes to get ready for trial day.
Understanding the Charges
The first thing a federal criminal defense lawyer does is get a complete understanding of the charges against their client. They will thoroughly review the indictment or criminal complaint to understand exactly what crimes the prosecution believes were committed[1]. The charges will shape the entire defense strategy, so fully comprehending them is crucial.
Reviewing the Evidence
Next, the lawyer will get their hands on all evidence collected by police and federal agents during the investigation. This could include documents, photos, videos, financial records, and more. The attorney will meticulously comb through each piece of evidence to understand how the prosecution aims to prove their case, and to look for any holes or weaknesses to exploit[2].
Filing Pretrial Motions
An experienced federal criminal defense lawyer will file pretrial motions that could knock out evidence or even get charges dismissed before trial. Common motions include:
- Motion to suppress evidence obtained illegally
- Motion to dismiss indictment for lack of evidence
- Motion to dismiss case for violation of speedy trial rights
Getting charges tossed early through pretrial motions can completely change the trajectory of a case.
Plea Negotiations
Many federal criminal cases end in a plea bargain rather than going to trial. An attorney will engage in extensive negotiations with the prosecution to secure the best possible plea deal for the client. This involves back-and-forth discussions of possible plea offers and sentences[3].
Selecting a Jury
If a plea deal cannot be reached, the case will head to trial before a jury. During jury selection, the lawyer will submit questions and look for jurors most likely to view their client’s case favorably[4]. Picking the jury is a crucial part of shaping the trial.
Planning Trial Strategy
As trial approaches, the lawyer will spend many hours developing their trial strategy. This includes planning:
- Order of witnesses
- Questions for cross-examination
- Opening statement
- Closing argument
Meticulous planning and practice is essential for the trial phase.
Preparing Witnesses
A federal criminal lawyer will work closely with any witnesses, including the defendant, to prepare their testimony. This involves extensive meetings to go over questions and answers, ensure the witness feels confident, and anticipate cross-examination[5].
Researching Legal Issues
The attorney will research any complex legal issues that may come up at trial. This requires studying court opinions, statutes, sentencing guidelines, and rules of evidence and procedure. Thorough legal research prevents surprises.
Filing Sentencing Memorandum
If a guilty verdict is reached, the lawyer will advocate for the lowest possible sentence through a sentencing memorandum. This includes letters of support and arguments for leniency[6].
Bottom Line
Preparing for a federal criminal trial is an enormous undertaking. But thorough preparation by a knowledgeable federal criminal defense attorney can make all the difference in reaching a successful outcome for the client.
References
[1] https://federal-lawyer.com/new-york/new-york-city-federal-defense/
[2] https://www.mareinandbradley.com/how-do-criminal-defense-attorneys-prepare-for-trial/
[3] https://www.justice.gov/usao/justice-101/trial
[4] https://www.justice.gov/usao/justice-101/trial
[5] https://www.garfinkelcriminallaw.com/chicagocriminalblog/5-ways-prepare-federal-criminal-trial
[6] https://www.federaldefendersny.org/overview-criminal-case