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A look behind the scenes at how defense attorneys fight for their client's rights. You've probably seen the image hundreds of times in fiction or real-life cases: the protection lawyer energetically battling for their client in the court, giving opening and shutting proclamations, questioning observers, and convincing the jury. However, the vast amount of work that criminal defense attorneys put into preparing for trial goes unnoticed by most people. While a strong and passionate presence in the courtroom is important Assault Lawyer Canada, successful lawyers also need a solid foundation of thorough trial preparation that takes weeks or months before they ever step foot in the courtroom. Although each case is unique and the circumstances can vary greatly, the following are some common aspects of a defense attorney's preparation for trial.
A trial is a formal legal proceeding in which the facts of a case are presented to a judge (in a bench trial) or a jury of peers (in a jury trial) to determine whether a defendant is found guilty of a particular offense. The majority of criminal cases in Ohio never go to trial for a variety of reasons. A defendant may plead guilty in exchange for a lesser or lighter charge when a defense attorney can negotiate a favorable plea deal with the prosecutor. During the trial Drug Offense Defence Lawyer Mississauga preparation, other cases are resolved; For instance, a defense attorney can file a "motion to dismiss charges" or "motion to suppress evidence," both of which have the potential to greatly benefit a defendant and even stop a case from going to trial. A trial will be scheduled if plea bargaining fails, the defendant refuses to plead guilty, and a judge concludes that there is probable cause to believe a crime was committed.
A procedure known as "discovery" gives the defense access to all of the evidence the prosecution has, including the charging document, police reports, lab tests, and statements from witnesses, to ensure that trials are fair. Attorneys for the defense carefully read these documents to evaluate the evidence provided by the state and look for flaws that may support the defense or indicate wrongdoing on the part of law enforcement during the collection of shoplifting lawyer Mississauga evidence (such as an illegal search and seizure, etc.).
Independent investigation to verify the case's facts and gather new evidence. Good defense attorneys will not simply accept the prosecutor's account of the events; rather, they will conduct their research, which may include the following: evaluating the credibility of witnesses by interviewing them; visiting the location of the crime; and looking into any evidence inconsistencies the state may have.
