This includes reviewing the police report, examining the crime scene, and gathering any other relevant evidence. The lawyer must request, when necessary, that the court immediately rule on the motion, so that the lawyer can make an informed decision about filing a defense case. The lawyer has the obligation to try to guarantee the client's freedom before trial under the most favorable and acceptable conditions for the client. Whenever possible, the attorney should use the initial interview to gather additional information relevant to the preparation of the defense.
In deciding the defense strategy, the lawyer must consider whether it is in the client's best interest not to present a defense argument and, instead, trust that the prosecution is not fulfilling its constitutional burden of proving every element beyond a reasonable doubt. E) The existence of ongoing interim negotiations with the prosecution regarding the guilty plea should not prevent counsel from taking the necessary steps to preserve the defense. C) If the defense's request to see the prosecution's memorandum is denied, you must submit a request to the court to examine the document or file a motion for the court to exclude consideration of the report and prevent the memorandum from being distributed to prison and probation officers. The lawyer should be familiar with the law governing the power of the prosecution to require the defendant to submit non-testimonial evidence (such as handwriting copies and physical samples), the circumstances under which the defendant may refuse to do so, the extent to which the lawyer can participate in the process, and the record of the process that must be kept. If the lawyer conducts such interviews with potential witnesses, he should attempt to do so in the presence of a third person who will be available, if necessary, to testify as a defense witness at trial.
Lawyers also have an obligation to abide by ethical standards and to act in accordance with court rules. E) In developing and presenting the defense argument, the lawyer must consider the implications that this may have for the rebuttal by the prosecutor. A) When the client is entitled to a preliminary hearing, the lawyer must take steps to ensure that the hearing takes place on time, unless there are strategic reasons not to do so. E) The lawyer should consider incorporating the promises of proof that the prosecutor makes to the jury during the opening statement in the summary of the defense.
C) The lawyer must consider the strategic advantages and disadvantages of disclosing certain information during the opening statement and of deferring the opening statement until the beginning of the defense's argument. A) The primary obligation of criminal defense attorneys is to provide enthusiastic and quality representation to their clients at all stages of the criminal process. The participation that victims and witnesses of the prosecution or defense may have in the sentencing process. Subsequent changes in the defense's strategic and tactical posture may affect the importance of potential pre-trial motions.
