July 20, 2007 By Wallin & Klarich

In many criminal cases the difference between winning and losing has little to do with the truth. In most cases, it has much more to do with who the lawyers who are representing the parties. Often whether a defendant is found guilty or not guilty depends upon which side was able to present the best set of facts to the jury. This all starts with which lawyer will be doing their homework and research to be ready for the trial.

Investigation of the facts of every criminal case is the key to success. When you select a lawyer you need to determine if that lawyer is willing to look into the facts of your case thoroughly before offering you an opinion on the strength and weaknesses of your case. Many people when they first call a criminal defense attorney want an immediate answer to the key question: “Can you win my case?”

However, in reality no lawyer should be willing to give you an answer to that important question until they have done a complete review of the facts of your case. As part of that review, a lawyer must work with a highly skilled investigator to make sure that the defense can bring forth all of the witnesses that can help you win your trial. The failure of your lawyer to fully investigate your case can lead to you being found guilty in a case when you should have been found not guilty. It is a vital part of your case.

Many times people accused of crimes are afraid of their lawyers and they do not make certain that their lawyer is doing their job. Often clients assume that their lawyer will do the right thing and will spend the time to make sure all witnesses available are interviewed.

However, unfortunately this does not happen in many cases.

It is critical that you hire a law firm that will ask you to prepare a “statement of the case” as soon as you retain their services. This way your lawyer will know in written form, from the outset of the case, what you claim the facts of the case are. In addition, it is essential that you provide your lawyer a list of all witnesses that may be able to testify as to the facts of the case so they can be interviewed. It is good idea to hand this list to your lawyer, along with each witnesses address, phone number and what you feel they will be able to say about the facts of your case.

In most cases you should also provide your lawyer with a list of character witnesses that can attest to your good character.

At Wallin and Klarich we require our clients to provide us with this information at the outset of the case. It is probably the most important thing you can do to help your defense. If your lawyer has not demanded these documents of you, then you may want to consider whether your lawyer has all the information he or she needs to properly defend you.

Remember this critical fact. A jury can only hear from witnesses that come to court to testify. If you want certain witnesses to testify at the trial you need to make that clear to your lawyer. You need to provide your lawyer with a written list of witnesses you wish to present and why you feel they are important. If your lawyer is not interested in this information then you may have the wrong lawyer.

Proper investigation of the facts of your case can be the difference between you being convicted or going free. If you would like to discuss your case in more detail feel free to contact Wallin and Klarich at 888-280-6839.

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