If you have been notified of an upcoming trial in your criminal case, it is important that you take 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 arrangements need to be made to subpoena them. By reviewing your witnesses with your attorney before trial, you provide an opportunity for both your attorney and witness to prepare for their testimony. Also, making sure your witness is notified of your hearing date in advance 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 retained. 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 appear 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. Polish your shoes. If you don’t have a suit, shirt, or tie that fits you, buy new ones. If you don’t know how to choose court clothes, ask your lawyer for help.
4. More information on how to look your best: You may need to consider if 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 can be important, especially if the Court is going to consider your credibility.
5. Prepare for last-minute plea bargains. Many times, the prosecution can make a final plea offer immediately before your trial begins. These offers may be the same as before, or they may be different (not necessarily better). The court can put substantial pressure on you to make a quick decision, and in fact, in some cases, you may only be given seconds or minutes to decide.
6. Review your case with your attorney. Understand what the prosecution must prove and what evidence they will try to use. If you have not already done so, ask to review a copy of your case discovery with your attorney. To prepare for any last-minute plea bargains, you need to understand what the minimum and maximum sentence might be and what your trial judge’s tendencies are.
