Whenever a criminal case goes to trial in Larimer, Boulder, or Jackson County Court, I meet with my clients to prepare them for trial. This is because the biggest weakness in their cases is usually themselves. The defendant in a sexual offense case, for example, has a lot to lose from a conviction. They could go to prison for many years, be required to undergo harsh treatment, and face sex offender registration. Because of these enormous consequences, my clients often don’t think about the actions they take in the courtroom. Here are the top three mistakes a defendant can make in court:
Three Biggest Mistakes a Defendant Can Make
1. They Are Their Own Advocate
This is the first mistake I mention, because it is the biggest. In the courtroom, you are not your own advocate. There is no time set aside during trial where you can speak for yourself and defend your side of the story. This is why you hire an experienced criminal defense attorney. Nothing makes a defendant look bad more than a person’s desperate attempts to defend themselves. The problem with being your own advocate is you are too close to the situation – you will say things which can be misconstrued. This leads me into my next point:
[pullquote align=”center” textalign=”center” width=”30%”]Talk as little as you can.[/pullquote]
2. They Talk Too Much
As an experienced criminal lawyer, the most important thing I can tell you to prepare for your jury trial is to be quiet. When it is your turn on the stand, answer the questions directed to you simply and humbly. Don’t elaborate on the situation being discussed, don’t offer more information than is needed. A trial is decided by people; people who are influenced by tone of voice, their perception of your character, and whether or not they like you and believe your side of the story. Don’t give the prosecution any chance at taking your many words and using them against you. Your motto in the courtroom should be: Answer questions simply and directly.
[pullquote align=”center” textalign=”center” width=”30%”]I am on your side: I am your advocate.[/pullquote]
3. They Don’t See Their Criminal Defense Attorney as an Advocate
Sometimes I wonder why people think they hired me. When they get up on the stand and argue with the District Attorney, I wonder why I’m even there. People hire me to defend them in court. When clients speak for themselves, they aren’t using my experience. When we go to trial, I coach my clients and tell them to “answer questions simply and directly” and be humble. Their job is to get the jury to see their character and humility. My job is to prove their innocence. I have over two decades of experience in the courtroom: Put my experience to good use and let me fight on your behalf.
Remember These Three Points and Together, We Can Have a Successful Fight
These three points are the most important things to remember in the courtroom. Don’t be your own advocate, don’t talk too much, and realize you hired me to be your advocate and fight on your behalf. If you hire me to defend you in your criminal case, be assured I will fight hard for your rights and freedom. I will also fight strategically – not be the loudest in the courtroom. I know District Attorneys and judges and I know their tactics. I have fought and won many cases in Fort Collins, Loveland, and Estes Park. If you remember these three points, together we can protect your future.