For your criminal attorney to defend you best, you should build a good relationship with him or her. Confidentiality is practiced and you should build trust. Every case is unique and your attorney can advice you on what is the best actions to be taken and be planned out.
An important part of building a successful defense in a criminal case is the relationship between the defendant and their attorney. A criminal attorney should work with their client to build a defense which is based around a version of events which provide a legal interpretation for the offense they have been charged with. Communication is a key aspect of this relationship and provide the basis for the overall defense.
When you first begin preparing your defense with your criminal attorney you should be aware or be made aware of the following aspects:
There is a confidentiality agreement known as the attorney-client privilege, between you and your lawyer, which means any statements you make or anything you say is only between you and them. This means you can be confident of being open and honest about your case.
Building a version of events as part of your defense means that you and your attorney will work to produce a story which corroborates your version of events and which includes existing and future evidence.
A version of events is merely a basis by which your lawyer can counter argue the evidence put forward by the prosecution. This version of events can be changed, altered or added to as the trial progresses.
As the defendant, your version of events as recounted to your criminal attorney will
fall into one of three categories – a complete denial which means evidence must be presented which exonerates you from any part in the charges; an admission of guilt and explanation of events which are different from those presented by the prosecution and a confession of guilt to all evidence and charges presented by the prosecution. Admitting guilt can be a defense strategy in cases where innocence cannot be proved and by pleading guilty a lesser penalty could be handed down.
Your defense lawyer will work to produce what is known as the ‘theory of the case’. This will include evidence from witnesses, the wider society, other evidence and past misdemeanors. Defendants who vehemently deny any involvement in the crime are advised not to disclose anything to the police until they have received legal counsel. To talk openly and candidly to the police could see anything you say being used against you in a court of law, as per the Miranda rights.
Every criminal case is unique and defendants need to keep this in mind when they look at their case. Listening to the advice of their lawyer will ultimately ensure they receive the best defense possible and conceding where necessary, especially where strong evidence is presented, can help to bring about an outcome which could not previously have been considered.