5 Steps to Creating a Strong Case With Your Criminal Defense Attorney

The Texas Department of Public Safety’s most recent available data shows that in 2017 Montgomery County, Texas had a total of 4,785 crimes. This included 3,014 larcenies, 731 burglaries, 357 assaults, 88 robberies, 72 rapes, 17 murders, and 502 auto thefts.

Not every person arrested is guilty. The innocent sometimes find themselves facing charges that put their freedom put at risk. The most important thing you can do when being accused of a crime is hire an experienced criminal defense attorney.

Your Conroe criminal defense attorney will have the knowledge and experience to know if the police followed proper procedures obtaining evidence against you. They will be comfortable with the legal process and presenting your case in court.

You and your attorney are a defense team, working to build a strong criminal defense. Here are five important steps in the defense process.

1. Gathering Evidence

The evidence the police and District Attorney gather is not the only evidence in a case. An experienced criminal defense attorney will make discovery demands and conduct their own investigation. This includes interviewing witnesses, gathering accident and police reports, and obtaining any video of the incident.

If you hire an assault family violence lawyer, sexual assault lawyer, domestic abuse lawyer, or domestic violence lawyer, they will request medical records to substantiate the alleged victim’s claims of injury. They will look into past history to see if the victim made prior false claims of abuse or other relevant information. It is not uncommon for people in the midst of a divorce to claim domestic violence in an attempt to gain leverage in child custody battles.

2. Creating a Case Narrative

The burden of proof is on the prosecution to convince the court “beyond a reasonable doubt” that you committed a crime. It is never a good idea to assume you are innocent and will not be convicted. Jurors like to know both sides of the story, and the defendant’s version of events weighs heavily on a jury’s decision.

Your criminal defense attorney will tell a compelling story that supports your innocence. This is far more efficient in swaying a jury than just saying the prosecution has not met their burden of proof.

3. Knowledge of Criminal Law

Cases are won and lost in court every day because lawyers fail to do their due diligence. A competent attorney knows criminal law, proper court procedures, and uses case law to their advantage whether preparing motions, legal briefs, or presenting in court.

For instance, the Texas Penal Code §21.08 establishes indecent exposure as a Class B misdemeanor. Bestiality is covered in §21.09 and is a state jail felony unless there is injury or death of the animal, and it becomes a 2nd-degree felony. Criminal sexual assault is a 2nd-degree felony and can result in incarceration of two to twenty years.

Every crime has its own set of criteria that determines what portion of the law applies and what the penalties and fines are for that crime. It is a misconception that misdemeanor charges are not serious. You will have a criminal record and may incur jail time of up to 12 months.

4. Negotiation Skills

A large percentage of cases never go to trial. Through the exchange of discovery, criminal defense attorneys are able to obtain a dismissal or negotiate a plea that reduces the charge to a lesser crime.

To receive the best defense possible, you must be open and honest with your lawyer. This includes fully disclosing to your attorney if you did commit the crime and the circumstances surrounding it.

If you have things in your past that may pop up to haunt you, such as prior charges or convictions, make sure your attorney knows. In order to effectively defend you, they must be aware of anything the prosecution may dig up so they are not blindsided and can are prepared to defend your position.

As the case proceeds your attorney will advise you on your chance of winning at trial and will explain the risks v. benefits of accepting a plea or going to trial.

Your criminal attorney knows that juries are a good system, but not foolproof. There is always a risk of conviction. If convicted at trial you will receive a sentence based on the original charge, not lesser crimes offered during negotiations.

5. Knowledge of Court Rules and Procedures

When you are seeking a criminal defense attorney, hiring someone who is local is invaluable. A local attorney will be familiar with the judges, district attorney, and local court rules. This knowledge gives them the edge on knowing what sways the district attorney when negotiating a deal, how the judge generally rules on certain factors and more.

If you happen to have a judge that orders all domestic assault defendants to take a domestic violence class, your local domestic abuse lawyer will know this. The attorney will likely advise you to sign up and take the course early in your case.

By having you complete the course early your attorney will advise the district attorney and judge that you have taken steps to improve yourself and reduce your risk of future accusations. This puts you in a more favorable light in both negotiations and sentencing.

There are Montgomery County Local Court Rules, Texas Rules of the Court, and the Texas Code of Criminal Procedure. All of these rules and procedures must be followed when defending a criminal case.

Failing to follow these rules or missing deadlines may result in an unfavorable ruling. Your defense attorney will be familiar with these rules and procedures, as well as how to properly prepare motions, witness lists, subpoenas, and more.

There will be several court appearances while your case is pending. The arraignment and setting your bail amount is the first hearing. After that, there will be pre-trial hearings and motion hearings.

If a plea is reached it will be placed on the record, and if there is no agreement the matter will proceed to trial. If there is a conviction there will be a sentencing hearing.

Your Montgomery County defense lawyer will represent you at every court hearing and trial. They are comfortable with presenting a case in court, the proper manner in which to address the court, present the evidence, and make appropriate objections to the prosecution’s case.

Hire a Criminal Defense Attorney

When you are facing jail time you need a criminal defense attorney who has the knowledge and experience to provide the best-case outcome possible. Non-Stop Justice is the law firm of Andrea M. Kolski.

After spending six years as a prosecutor in Harris County, I decided to put my knowledge to work assisting clients facing criminal charges. This gives me a deep understanding of the way district attorneys think.

When you hire me to represent you on a case, I handle all steps of the legal process. I do not hand your case off to a junior lawyer.

Call (832) 381-3430 to schedule a consultation. Don’t hesitate, get the help you need now!