How Will the Public Defender Prepare My Case?

Defense Case Preparation

If the case is set for trial, the defense attorney will begin preparation by filing motions, investigating allegations and other aspects of the case as well as, deposing and interviewing witnesses. The client has the right to assist in the preparation of his own defense. One of the most significant ways a client can assist in the preparation of his defense is by providing the defense attorney with the names and addresses of witnesses not listed by the prosecution, who can testify to circumstances that may prove the client is not guilty or help show that the crime was not as serious as the prosecutor contends. The client and his family must not contact the alleged victim or the witnesses listed by the prosecution or send other people to talk to them because the prosecutor may charge the client with an additional crime of tampering with witnesses. It is the defense attorney’s job to speak to the witnesses and alleged victim. The defense attorney may file motions requesting the witness list, police reports, witnesses' statements, reports of experts and any other evidence in the case.

The process by which the prosecution and the defense search for the facts of the case is called “discovery.” The deposition of witnesses is a discovery tool for uncovering the facts. In a deposition, the prosecutor and defense counsel are present to take the sworn statements of witnesses. Discovery depositions are very useful for both sides because it allows them to evaluate the strengths and weaknesses of the case prior to trial. The defense attorney may speak with the prosecutor to get some idea of the prosecutor’s evaluation of the case. Depending on the strength of the defense’s case, the prosecutor may decide to dismiss all charges, offer a lesser sentence or drop some of the charges against the client in exchange for a plea of guilty or no contest to other charges. In nearly 98% of felony cases, there is no trial. Cases are disposed of by the prosecutor not filing charges, the case being dismissed or the client entering a guilty or no contest plea or completing a diversion program.

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