What are the three basic tactics employed by a defendant to win a criminal trial?

One of California’s top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal ‘motions’ to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This …

What is a defense strategy in court?

A defense strategy is a product of a defendant and defense attorney fitting together the version of the truth that is most likely to produce a satisfactory defense outcome–a verdict of not guilty, a verdict of guilt of a lesser charge, or an acceptable plea bargain.

How do you defend the defendant?

8 key factors drive what your best defense strategy is:

1. Defendant’s explanation of what happened, why and credibility.
2. Witness testimony and credibility.
3. Provable facts and physical evidence.
4. Police reports, errors and credibility.
5. Expert, 3rd party reports and testimony.

What strategies do lawyers use to argue their case?

To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:

• Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.
• Expose police mistakes in gathering, maintaining, and testing physical evidence.

How do you speak confidently in court?

Do’s

1. DO speak calmly and clearly.
2. DO use the proper forms of address.
3. DO be polite.
4. DO stand when you address the court.
5. DO make eye contact with the judge when you are speaking.
6. DO ask for clarification if you are unclear about something.
7. DO thank the judge for listening.
8. DO arrive early to court.

Who is the most important person in the court room?

The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained.

Who has more power in plea negotiations?

the prosecutor
These days, more than 95% of conviction in the U.S. are obtained by plea bargains. “And again, the person who has the most say and power over a plea bargain—that person is the prosecutor,” Bazelon said.

How do you sway a judge in your favor?

How to Persuade a Judge

1. Your arguments must make logical sense.
2. Know your audience.
3. Know your case.
4. Know your adversary’s case.
5. Never overstate your case.
6. If possible lead with the strongest argument.
7. Select the most easily defensible position that favors your case.
8. Don’t’ try to defend the indefensible.

How do you impress a judge?

Be Respectful of The Judge At All Times When Speaking – And When Listening. “Your Honor.” If you want to impress the judge, make those two words part of your courtroom vocabulary. Your thoughtfulness is a sign of respect for the position the judge holds.

What impresses a judge?

Be polite and respectful. Always keep your calm. Answer only the questions that are being asked. Try not to steer from the argument. If you do not know the answer to a question, either ask for some time to prepare by referring to your notes or admit truthfully that you do not know the answer.

How does the arraignment process work for a felony?

The arraignment process will work the same for a felony, but there is an additional step of a preliminary hearing. You will not be entering a plea at your arraignment for a felony crime. That step is reserved for the preliminary hearing.

Can a defendant attend multiple felony arraignments?

It’s possible that a defendant could attend multiple felony arraignments. For example, if a charge brought against the defendant is reduced from murder to voluntary manslaughter, the Judge might decide on a second arraignment hearing. Typically, a defendant will offer the same plea as the first hearing – but not always.

What are a defendant’s constitutional rights during a felony arraignment?

During a felony arraignment, a defendant is informed of his constitutional rights. If a defendant has not obtained counsel by the time of his arraignment, he will be informed of his 6th Amendment right to counsel.

What do you do at a felony arraignment without an attorney?

Defendants who appear at a felony arraignment without counsel may ask the judge for a continuance or postponement of the hearing in order to see if they qualify for public defender representation or for additional time to hire a private attorney. Enter a plea. Defendants generally have two plea options at an arraignment: guilty or not guilty.