By John Arthur 
Getting ready for a criminal trial is frightening for anybody.
Your liberty, your reputation and your future hang in the balance. And the fact is that most people stumble into the process totally unaware.
Here’s the good news…
Walk into court calm, prepared, and defended. With preparation, you can do just that. Here is everything you need to know as a defendant.
Let’s get into it.
What’s covered below:
- Why Preparation Matters So Much
- Know Your Constitutional Rights
- Understand the Charges Against You
- Work Closely With Your Legal Team
- Plea Deal or Trial?
- Get Ready for the Courtroom
Why Preparation Matters So Much
A criminal trial isn’t like what you see on TV.
It’s slow. It’s technical. It’s full of arcane rules that most people have never heard of. Walking in there without knowing what you’re doing is one of the worst mistakes a defendant can make.
Why? Because justice doesn’t wait for you. The prosecutor has been working on your case for weeks (sometimes months). Show up without a game plan and you are already losing.
And here’s the part that surprises most people…
The reality is that very few cases actually go to trial. Nearly 98% of federal cases settle with a plea bargain. So if your case is going to court, take it seriously. And preparation is key.
That’s also where your rights come into play. If you’ve been violated by an illegal search and seizure, due process violation, or just general police misconduct, you want someone that knows criminal defense and your civil rights. A smart civil rights attorney will know when your rights have been violated, and by working with experienced criminal law attorneys, you have the best chance of creating a strong defense from the get-go.
Know Your Constitutional Rights
Before anything else, you need to understand your rights.
They’re not just words to the attorney. These are YOUR rights. Your entire defense can ride on each of them. A competent civil rights attorney will ensure that NONE of them are overlooked.
Here are the big ones every defendant should know:
- You have the right to remain silent. Don’t say anything that will incriminate yourself.
- Right to an attorney: You have the right to have an attorney speak for you. If you can’t afford one, the court will appoint one for you.
- Due process/Fair and speedy trial: You can’t have trials that go on forever.
- The right to confront witnesses: You can challenge anyone who testifies against you.
Imagine these rights as a shield around you. When you forfeit them – intentionally or not – that shield is gone.
Learn your rights. Know your rights. And never give them up without consulting an attorney.
Understand the Charges Against You
You can’t defend yourself against something you don’t understand.
This should go without saying, but you’d be surprised how often defendants don’t completely understand the charges against them. Each charge contains elements that the government must prove beyond a reasonable doubt.
Make sure you know:
- The exact charges and what they mean
- The penalties you face if convicted
- The evidence the prosecution plans to use
Once you know what you’re up against with the charges, you can have meaningful discussions with your attorneys about your options. You’ll begin to see holes in the prosecution’s case. And most importantly, you’ll feel much more empowered about your defense.
Work Closely With Your Legal Team
Your attorney is your most important ally.
Here’s something many defendants don’t realize… Your attorney can only defend you with the information you provide. Withhold information – even if its embarrassing – and you hamstring your attorney.
Be honest. Be open. Tell them everything.
Things run smoothly when you treat the relationship as a partnership. Come to meetings prepared. Have documentation, notes and anything else you can bring. Ask questions if you don’t understand something.
A great defense team will help you:
- Understand your options clearly
- Decide whether to accept a plea or go to trial
- Prepare for testimony and cross-examination
The more involved you are, the stronger your defense becomes.
Plea Deal or Trial? Weighing Your Options
This is a decision that can change your entire life.
This is not an easy decision. It involves weighing the strength of the evidence against you, the penalties you face and what you can tolerate. Generally speaking, there are two options for most defendants…
Taking a Plea Deal
A plea deal offers a lighter sentence in exchange for a guilty plea.
It may seem appealing, particularly if the evidence is mounting against you. Pros: you know what you’re getting yourself into. Cons: You waive your right to contest the charge. Always consult with your lawyer before accepting one without understanding all of the details.
Going to Trial
Going to trial means putting your case in front of a judge or jury.
The stakes are higher, but so is the payoff — you actually have a chance of walking free. You’ll need to put a lot of work into your defense, have solid evidence, and trust in your lawyer to go this route. If you have a strong case, then it might be worth it.
Whatever you choose, take your time and don’t let anyone rush you into it.
Get Ready for the Courtroom
The little things matter more than you’d think.
Your attire, your words, and your demeanor all speak volumes to the judge and jury. First impressions matter – and you only have one opportunity to make them.
Keep these courtroom tips in mind:
- Dress neatly and conservatively
- Arrive early and stay calm
- Speak clearly and only when asked
- Show respect to the judge and court staff
And prepare yourself for the waiting game. Cases can sometimes move slowly. Many people are detained before their case even resolves. Although 3 out of 5 felony defendants are released prior to resolution, that still means a lot of people who aren’t. Educating yourself will help you stay grounded.
Tying It All Together
Don’t gamble with your criminal trial. Prepare before preparation matters.
The winning defendants are those who prepare early, know their rights, and rely on a formidable legal team. Once again:
- Understand why preparation matters so much
- Know their constitutional rights inside out
- Fully grasp the charges they’re facing
- Build an honest relationship with their attorney
- Carefully weigh a plea against a trial
- Walk into the courtroom ready and respectful
It’s an overwhelming system, no doubt about it. But if you prepare adequately and have the right people working for you, you have as good of chance as you can for a fair result.
Do not procrastinate. Prepare now – your future is at stake.