"Intelligence Preparation of the Battlefield" is a term used in the military that defines the methodology used to reduce uncertainties concerning the enemy, environment, and terrain. Battlefield preparation is an ongoing process that is used throughout all military operations. A criminal trial is analogous to a battlefield. By design, the trial is an adversarial proceeding. It is a battle for your freedom, to clear your name, to avoid a conviction, and to win. The prosecutor, police, prosecution witnesses, sometimes the judge, and the alleged complainant iare on the offensive to convict you. The defense attorneys are the defenders of your rights, the constitution, and work to raise reasonable doubt. Intense trial preparation is the key to courtroom “preparation of the battlefield.”
Read MoreA plea deal is an agreement, after a negotiation between the prosecutor and defense attorney, that settles a case without a trial. Unlike a trial, the client understands clearly what the outcome of the case will be. Plea negotiations can be time-consuming and go on for months or they can be done quickly at the first pretrial conference between the attorneys. Based on the criminal defense investigative work discussed in Part 1 of this series, a defense attorney can strengthen his or her bargaining position.
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