Introduction:
Taking cases to trial as defense attorneys and prosecutors is a unique experience. All the attorneys played the role of former prosecutors. Here we will talk about the common pitfalls that must be avoided by criminal lawyers and the best way to get rid of all these pitfalls.
Common Mistakes:
Here we will discuss the top 5 mistakes the defense attorney exhibited that can weaken your criminal case in court.
Mistake 1: Believing that the case can’t be won
In the legal system, there is no such thing as a sure thing about a case. The surety is about the trial being presented in the courtroom, not whether you will win or lose it. Many attorneys start to believe that they can’t beat the case.
Cause:
The primary reason behind this is the charges paid by the client’s family. If the costs are not as per the lawyer’s demand, the attorney stops taking an interest in the case. This lack of interest in the case results in less effort.
Solution:
We must do everything in our control. In a criminal case, the evidence must be demanded, the evidence must be challenged, witnesses should be interviewed, and the attorney must do everything possible to protect the client.
Mistake 2: Motion practice is either suppressed or dismissed
This thing scares most of the lawyers as the trial of the jury comes to an end. Stripping away the evidence of government is called motion practice.
Cause:
The things that harm the client’s case are eyewitnesses, confessions, lab tests, and drug tests; these motion practices are contentious with a high degree of stake. It is an overlooked step, but this is a significant one.
Solution:
Motion practice should be performed.
Mistake 3: Treating the prosecutors as your close friends
Every person wants to avoid confrontation and conflict.
Cause:
The major mistake is that to avoid an argument with the prosecutors, the attorneys try to be in the good books of prosecutors, which is against the criminal law firm Brampton. We don’t want the attorney to be mean or cruel. Still, as the legal system is adversarial, the attorney has to represent the client against the government’s power.
Solution:
The attorney should treat the client as his close friend, not the prosecutor.
Mistake 4: Lack of communication with the client
The informative source in a case is the client itself. He knows better what happened at that time. The key to the client’s innocence and freedom may be present in the information given by the client.
Cause:
Many attorneys don’t want to communicate with the client because the attorneys consider this a time wastage step.
Solution:
The informative source in a case is the client itself. He knows better what happened at that time. The key to the client’s innocence and freedom may be present in the information given by the client. So, try to avoid this mistake.
Mistake 5: Not having an interview with the witnesses and police
Witnesses are integral in winning the case, so their interrogation by the investigating agency is very decisive in winning the case.
Cause:
A big mistake by an attorney is not to have an interview with the witnesses and the police. These cases took much effort. Put your maximum effort into minimizing this mistake.
Solution:
The attorney must have an interview with the police and witnesses after the client’s interview.
Conclusion:
The attorney’s job is to defend the client and to put in the best effort in the succeeding steps.