What makes a great Michigan criminal defense attorney? Part 4: Trial Defense
Criminal trial attorneys are a special breed of attorneys who think quickly on their feet and can adapt to a situation under pressure. They can analyze a situation in real time during the ongoing trial. A skilled defense attorney has to pay attention to current testimony while at the same time recalling the mountains of evidence. It takes an agile mind and a sharp attorney to be able to handle the mental gymnastics of a trial. Many defense attorneys avoid a trial because of the pressure. Some are even afraid to be the center of attention. They shouldn’t be defense attorneys.
Just as a surgeon has many tools available to treat a patient’s condition, your criminal defense attorney must be willing and able to use all of the tools. A surgeon doesn’t use all of them all of the time. But, they are available for use depending on the what the patient needs. A doctor doesn’t always use a scalpel, but it is there if necessary to properly treat the patient. He or she knows what is best. Like a surgeon, a good trial lawyer has to have the skill and confidence to use all of the tools. That means that the lawyer has to be ready and willing to take a case to trial. Trial lawyers operate in the courtroom and a trial is but one of the tools available.
Your lawyer needs to be able to think on the fly, speak well, and assert confidence. A really good trial lawyer has to know the rules of evidence, the judge’s disposition, the facts of the case, the law while staying focused on the events in the case. As I said earlier, a trial is an exercise in mental gymnastics. A trial lawyer has to keep track of a thousand things while projecting a calm and relaxed confidence.
Trials are not easy endeavors. Unfortunately, many lawyers who try cases are not very good. This has been the point of these 4 articles. Choose your attorney carefully. We have provided you with a framework to use when you choose an attorney to defend you. There are many variables that you should consider. One thing, however, is definitely true. Although a strong character and an agile mind are important, it is equally important that the jury like your attorney. When you meet with an attorney you should let your instinct guide you. You know when someone rubs you the wrong way. Trust me, a jury will feel the same way.
A jury must like your defense attorney. It become critically important that your defense attorney possess the ability to understand people. A trial is a play of sorts. There are actors A great trial attorney must be keenly sensitive and aware of his or her audience, that is, the jury, and the message that they are receiving. A great trial attorney must be aware of the verbal and nonverbal messages that are being sent to the jury. While diligent preparation is necessary, preparation without an understanding of how the jury perceives the attorney can be a problem. Juries do not like to be talked to in a condescending way. A great trial attorney must understand his or her audience and be a credible storyteller. The attorney must know how to tell your story in a concise way that avoids confusion.
A good trial lawyer has to be good with people and that means more than being a “people person.” A good trial lawyer needs to be able to read the jury and gauge their nonverbal cues. A good trial lawyer knows when to be tough and when to be kind, and is effective at both. Experienced criminal trial lawyers know not to waste the jury’s time.
At the beginning of this series, I explained that location, preparation, and investigation are things an attorney must do in order to be a great defense attorney. When your attorney prepares, investigates, negotiates and creates a sound defensive theory - you benefit. There is always a point in a criminal case where the plea negotiation is at its best. This means that the plea offer will not get any better. Similarly, the likelihood of conviction at trial can be fairly assessed. It takes time and experience to learn the appropriate time to settle or go to trial. A legal defense to a criminal charge takes time to develop. There can be a fine line between success and failure at trial. The purpose of these articles is to show that a great Michigan criminal defense attorney can win through preparation, investigation, negotiation, and a strong trial defense. The attorney you choose that has the experience and dedication to criminal defense can and will get you the best results.