Winning Massachusetts Criminal Cases
Winning a criminal case is like winning a war. Examining the flaws of the opposite side is the best way to win a case, but an attorney cannot win your case if he or she does not have a complete understanding of the facts; that includes the Commonwealth's side of the story along with yours.
One of the most effective ways to succeed in court is for the defense attorney to conduct an independent investigation. Information about the events leading up to the arrest, specific facts about the approach used by law enforcement, what you said and what the police said are all important parts of the story.
The defense identifies witnesses and character references and often visits the scene of the arrest. The attorney may work with informants and other confidential sources, determine how to best preserve evidence for trial and identify experts who can testify.
Clients have a role to play, too. Defendants must take steps to help maximize their chances of success. When police officers arrest an individual, they are trained to prepare an arrest report. This is done when events are fresh in the officer's mind. In order to not give an advantage to law enforcement, clients must do the same.
The more detail a client can give the defense lawyer, the better. Some attorneys refer to this as co-piloting the case. Whatever it's called, it really helps.