You’re sitting there in that hard wooden courtroom chair, your client nervously tapping his foot beside you. The prosecution just laid out their iron-clad case, and all eyes have turned to you, wondering how you’ll punch holes in it. But you’ve been here before. You didn’t just wake up one day and decide to be an Austin criminal defense attorney. You’ve spent years honing your skills and learning how to think on your feet in the courtroom. You know what works and what doesn’t. So take a deep breath and trust your instincts. Whether it’s nailing voir dire, discrediting witnesses on the cross, or delivering a knockout closing argument, you’ve got this. Now it’s time to draw on that experience and give ‘em your best shot. This article will walk you through 10 proven courtroom strategies to help you win even the toughest trials.
7 Powerful Trial Tactics to Get Evidence Excluded
Demand Strict Proof From The Prosecution
First, demand that the prosecution prove their case beyond a reasonable doubt. Look for any weaknesses or holes in the evidence and arguments presented. Question all facts and testimony for validity and accuracy. The burden of proof is on them, so make them work for it.
Analyze All Evidence Thoroughly
Go through all evidence with a fine-tooth comb. Scrutinize police reports, witness statements, forensic evidence, audio and video recordings. Look for any inconsistencies or weaknesses to build your defense. Even minor details could be used to raise reasonable doubt.
Interview All Witnesses
Conduct in-depth interviews with any witnesses, whether for the prosecution or defense. Look for ways their testimony could be called into question or interpreted differently. See if their stories match the other evidence. Witness testimony can make or break a case, so examine it carefully.
Research Case Law
Research relevant case law and precedents that could influence the case. Look for rulings that could counter the prosecution’s arguments or support possible defense strategies. Knowledge of case law and legal procedures will make you better equipped to defend your client.
Consider Pre-Trial Motions
File necessary pre-trial motions, such as motions to suppress evidence, dismiss charges, or separate trials for co-defendants. Successful pre-trial motions can weaken the prosecution’s case before it even begins.
Develop Your Theory Of Defense
Build a compelling theory of defense based on the evidence and facts of the case. Create reasonable doubt by presenting an alternative interpretation of events. Your theory should be consistent yet flexible enough to adapt as needed.
Select A Jury Favorable To The Defense
Choose a jury most likely to be receptive to reasonable doubt and your defense theory. Ask questions to determine biases and preconceptions of potential jurors during selection. Striking jurors who may be unsympathetic can help achieve a balanced jury.
How a Criminal Defense Attorney Can Use Closing Arguments to Create Reasonable Doubt
As a criminal defense attorney, one of your most important jobs is getting unfavorable evidence excluded. File a motion to suppress evidence that was obtained illegally. If the police conducted an illegal search or seizure or did not properly monitor your client, file a motion to get that evidence thrown out. The prosecution cannot use evidence that was obtained in violation of your client’s constitutional rights.
Challenge the reliability and credibility of eyewitnesses. Eyewitness testimony is notoriously unreliable, especially if the witness only caught a quick glimpse of the perpetrator or was under stress. Challenge the witness’s memory and perception in cross-examination and argue that their testimony should be excluded or given little weight.
Question the credentials and motives of expert witnesses. The prosecution will often call expert witnesses to testify about things like DNA evidence, ballistics, or psychology. Do some research into the expert’s background, credentials, and possible biases. Then, cross-examine them about their qualifications, experience, methods, and intentions to show the jury why their testimony should not be trusted.
The object is on grounds of unfair prejudice. If evidence is overly gruesome or shocking but has little real probative value, object on the grounds of unfair prejudice. The prejudicial effect on the jury outweighs any probative value, so the evidence should be excluded.
Conclusion
With the right objections and arguments, you can get a significant amount of the prosecution’s evidence excluded from trial. And when their evidence is limited, you have a much better chance of securing a “not guilty” verdict for your client.
Discussion about this post