Fighting The State Ep. 1: The Anatomy of a Criminal Defense Case
Featuring Attorneys Marc J. Victor and Andrew Marcantel
Mar 7, 2024
As experienced criminal defense lawyers, we often meet clients who don’t understand the details of the criminal justice system. Our law firm, Attorneys For Freedom, has dealt with thousands of cases, from small offenses to serious crimes, including first-degree murders and complicated white-collar crimes. We have worked in state, federal, and out-of-state courts, and we are especially recognized for our expertise in self-defense cases involving the Second Amendment.
“What we’re very well known for is Second Amendment self-defense type cases. We’re very big in the gun community.”
Key Points:
- The Initial Consultation and Strategy Session
- The Pre-Charge Phase
- Release and Bail
- Discovery and Evidence Gathering
- Interviews and Witness Preparation
- Negotiations and Plea Bargains
- Pre-Trial Motions
- Trial Preparation and Execution
- Sentencing
- Post-Conviction Relief and Appeals
The Criminal Defense Case Prior to Trial
The Initial Consultation and Strategy Session
When a client comes to us, they are often dealing with a major life challenge. Our first meeting is more than just a quick consultation; it’s a detailed strategy session that usually lasts over an hour. During this time, we get to know the client’s background, learn about the incident they’re dealing with, and understand their goals. We assess how they will present themselves in court and plan our strategy based on that.
“Freedom is more important than money. When you’re looking at losing your freedom and say you’re in the felony world and there’s a period of years that’s on the table, you find out very quickly people don’t really care about how much money it is. They want the best defense.”
The Pre-Charge Phase
Before charges are officially made, there’s a lot we can do to help. This early stage is crucial for collecting evidence, keeping important information safe, and sometimes even stopping charges from being filed. We often send letters to preserve evidence, get police reports, and conduct interviews. If our client knows an investigation is happening, we can arrange for them to turn themselves in to avoid a dramatic arrest. Taking these steps early can greatly affect what happens once charges are filed.
Release and Bail
After charges are filed, our first concern is addressing our client’s release conditions. We create detailed requests to set these conditions, highlighting the client’s strong community ties and low risk of fleeing. This can result in better release terms, like lower bail or release without bail.
“The average person that we defend in a criminal defense case is a good person who was either at the wrong place at the wrong time or made a stupid isolated decision that is not reflective of who they usually are as a person.”
Discovery and Evidence Gathering
The discovery phase is when we gather all the evidence that the prosecution will use against our client. This includes police reports, body cam footage, and witness interviews. We also decide what evidence we need to show, like expert testimony or more witness statements. Handling discovery properly is crucial and can determine the outcome of a case.
Interviews and Witness Preparation
Conducting interviews is a key step in building a defense. We talk to witnesses early to get their statements and make sure they don’t change their stories because of the prosecution later. We also bring in expert witnesses at this stage to offer specialized knowledge that helps our case.
Negotiations and Plea Bargains
Not all cases end up in court. In fact, most are settled through negotiations and plea deals. We use both legal defenses and mitigating factors to get the best possible results for our clients. This means we carefully consider the risks and benefits of going to trial compared to taking a plea deal.
Pre-Trial Motions
Pre-trial motions are strategic tools used to influence the direction of a case. We might file motions to exclude certain evidence, question the acceptability of specific statements, or even dismiss charges. These motions can provide an advantage in negotiations or set the stage for a favorable trial result.
The Criminal Defense Case During Trial
Trial Preparation and Execution
When a case goes to trial, we begin by focusing on the end goal: creating a strong closing argument. This means telling a convincing story, choosing the right jury instructions, and getting ready for cross-examinations. Trials are intense and feel like a battle where every detail counts, so we prepare thoroughly.
Sentencing
If our client is found guilty, either by trial or by agreeing to a plea deal, the next step is sentencing. We get ready for sentencing with the same care as we do for the trial. We present a lot of evidence to argue for the lightest possible sentence. This can include expert testimony, character witnesses, and a detailed explanation of the client’s life and circumstances.
“Our role is to make sure that the punishment fits the crime. There’s rampant overcriminalization, and rampant over-punishment of many, many different things.”
Post-Conviction Relief and Appeals
Even after a guilty verdict, we can still help our clients. Post-conviction relief and appeals let us question the trial’s outcome if there’s new evidence or if legal mistakes were made. We have successfully managed many appeals, resulting in shorter sentences or even having convictions reversed.
Our Priority Is Defending Your Freedom
At Attorneys For Freedom, we know that facing criminal charges can be extremely stressful. From our first meeting to trial and beyond, we are dedicated to giving each client a strong and clear defense. We have handled many cases, including state, federal, and self-defense matters, and this helps us deal with the criminal justice system. Additionally, our Attorneys On Retainer Program offers clients peace of mind with immediate access to legal advice and representation after self-defense incidents. We work hard to protect our clients’ rights, aim for the best outcomes, and provide support through sentencing and appeals, making sure our clients get the best representation every step of the way.
If you’re interested in learning more about our Attorneys On Retainer Program, or how it works, please call 866-404-5112 to contact us today.