Legal Strategies and What You Need to Know from a Criminal Attorney
While your attorney will go over
every step with you multiple times, it is important to also read up on the
process and what to expect so that you are prepared for what is ahead of you.
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When you arrive at the
courthouse, it is recommended that you come early so that you have time to
check in, find your seat and get settled. Depending on how many cases are
scheduled to be heard that day, you may be in the courtroom for several hours
before your case is called.
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The judge will usually call each
case in a particular order. Some courts start with the shortest cases first and
then move on to longer matters. If you know that your case is going to be long,
try and schedule it for later in the day.
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Regardless of which party you are
representing, you should always be respectful in the courtroom. This means
addressing the judge as “Your Honor” and not talking during other parties’
testimony. If you do not understand something that is said, you can ask to have
it repeated or clarified. It is also a good idea to avoid making faces or
rolling your eyes during the questioning of witnesses.
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Finally, when it is your turn to
speak, you should take a deep breath and address the judge by name. Then you
can explain what is occurring in your case, why it is necessary and how you
want the court to rule. If you do not agree with the judge’s decision, then you
can request a further review of the matter in front of another judge.
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Opening Statement
The opening statement is your
chance to give the jury a preview of what will be presented at trial. It lays
out the key facts of the case, introduces evidence that will be used to prove
those facts, and frames the story from your client’s perspective. It’s an
opportunity to establish your credibility with the jury, and it’s a prime time
for you to build rapport with the jurors.
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The party that bears the burden
of proof (the plaintiff in a civil lawsuit, or the prosecution in a criminal
case) typically delivers their opening statement first. The defense attorney
then follows. In most cases, the judge will allow attorneys to limit their
statements to two to three minutes. The judge will also restrict which topics
can be addressed. For example, it’s usually inappropriate for an attorney to
argue with the other side or refer to inadmissible evidence during their
opening statement.
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It’s important to make any final
adjustments to your opening statement before you go into the courtroom. You
should take a careful look at the demographics and backgrounds of the jury to
determine what types of phrases, analogies, or wording will resonate with them.
You should avoid legal jargon, and focus on laying out the facts of your case
in language that your audience can understand.
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