If you have been notified of an upcoming trial in your criminal case, it is important that you take the necessary steps to ensure that both you and your attorney are fully prepared. If you prepare properly, you will have the best chance of a favorable outcome. This article is designed to provide basic guidance to defendants and their families in misdemeanor and felony criminal cases.
1. Make sure you have identified all of your witnesses and provided their contact information to your attorney. Determine if your witnesses will appear voluntarily or if formal subpoena arrangements need to be made. By reviewing your witnesses with your attorney before trial, you provide an opportunity for both your attorney and your witness to prepare for their testimony. Also, by making sure your witness is notified of your hearing date in advance, it allows you to make childcare, work, or travel arrangements as needed.
2. Review your fee arrangements with your attorney and any expert witnesses you have hired. You do not want to put your attorney in the position of preparing for your trial with any uncertainty as to whether or not they will be paid. If you have expert witnesses who are not paid before trial, they may not show up to testify on your behalf.
3. Plan what you are going to wear. If you are going to appear before a judge or jury in a serious case, it is important that you look your best. Make sure your clothes are professionally cleaned and pressed. Shine your shoes. If you don’t have a suit, shirt, or tie that fit you well, buy new ones. If you don’t know how to choose court clothes, ask your lawyer for help.
4. Learn more about how to look your best – You may need to consider whether you need to cover up any tattoos. Ideally, you should not have any visible tattoos in court during your trial. You may also need a haircut from a manicure. These details may be important, especially if the Court is going to consider your credibility.
5. Prepare for last minute plea bargains. Many times, the prosecution may make a last plea offer immediately before your trial begins. These offers may be the same as those that have been made before or they may be different (not necessarily better). The court may put substantial pressure on you to make a quick decision, and in fact, in some cases, you may only be given a few seconds or minutes to decide.
6. Review your case with your attorney. Understand what elements the prosecution must prove and what evidence it will attempt to use. If you haven’t already done so, ask to review a copy of your case discovery with your attorney. To prepare for any last-minute plea bargain, you need to understand what the minimum and maximum sentence might be and what your trial judge’s biases are.