Going to trial: The defense case-in-chief

The first half of a criminal trial can be harrowing, as you are forced to sit and listen as the prosecution interviews a string of witnesses and presents material evidence typically intended to cast doubt on your character and convince a judge and jury to condemn you. However, remember that you have an ally in your Miami criminal defense lawyer, one who is analyzing every aspect of the state’s case to establish its weaknesses and strengthen your own.

While your Miami criminal defense lawyer will have the chance to undermine the prosecution when he or she cross-examines (and, if appropriate, recrosses) the witnesses they called forward, that is only the beginning of this process. After the prosecution rests, a recess will typically follow.

Previously, we noted that your attorney may file a motion for judgment of acquittal at this point if they believe that the prosecution has not adequately proven your guilt. If they do not do so, or the judge does not grant the motion, then your Miami criminal defense lawyer will then present your case to the court.

If your legal representative did not deliver an opening statement at the beginning of the trial, they will do so at this point. Then, the structure of your criminal defense attorney’s case will take a similar form as the prosecution, and may involve presenting physical evidence and calling witnesses to testify about the crime and potentially about your character. In that same vein, the prosecution will have the same opportunities to cross-examine and recross the witnesses who have spoken on your behalf.

Again, remember that your Miami criminal defense lawyer generally isn’t required to prove your innocence outright, but rather, to demonstrate that there is cause to doubt the version of events set forth by the prosecution.

Scott A. Ferris, Esq. is a seasoned Miami criminal defense lawyer who works seven days a week to obtain justice for his clients. If you are facing criminal charges, call 305–670-3330 for a free five-minute consultation.