It’s your first interview with Accused. Not sure where to start? We’ve got 18 questions to help you organize your thoughts and quickly spot the key issues in the case.
1. Is there a co-accused? Does the accused have a co-accused (someone also charged with committing the same crime as the accused)? If so:
- Get as much information as you can about the co-accused and any statements he or she may have made;
- Consider making a severance motion;
- Consider whether it would be favorable to the accusedto testify against the co-accused and be aware that the co-accused may testify against the accused.
2. Do you have all the details? Know about the date the crime occurred, the date of arrest, when the complaint or indictment was issued, and where the accused was during that time period.
3. Did theaccused make a statement to the police? Get a copy of any statement, whether oral, written, or recorded. Consider moving to exclude the statement.
4. Was a search involved? If so, was a warrant served? Was anything seized? Who conducted the search? Consider arguing that the search was unreasonable.
5. Did the police take any bodily fluids from the accused? Did the police take accused's blood, breath, urine, or semen? If so, obtain a copy of the report. Consider having a sample of the fluids retested and/or moving to suppress the test results.
6. Was an informant involved? If so, request discovery of the informant’s identity. Move to dismiss if the prosecution did not take reasonable steps to keep in touch with a material informant and the defense is now unable to find the informant.
7. Did the police do anything that the accused thinks was wrong? Consider a motion to dismiss if there was discriminatory enforcement of the law, e.g., retaliatory prosecution, entrapment, or racial bias.
8. What is the defense? Get names, addresses, and phone numbers of witnesses or of people who will be able to help you find them. If the accused claims that a third person committed the crime, find out as many details as possible and have an investigator begin verifying the accused’s claims right away.
9. Does the accused need any examinations? Arrange for the accused any necessary mental or physical examinations and/or tests.
10. Where did the crime occur? Is the case in the proper jurisdiction and proper venue?
11. Is the accused on probation or parole? Did the accused violate parole? Consider the ramifications of the pending criminal case on any probation or parole conditions.
12. Does theaccused have any prior convictions? Priors can add a great deal of time to a defendant’s sentence. Send for copies of the priors immediately. Consider challenging a prior.
13. Does the accused have any pending cases? If the accused has pending criminal cases, is he or she represented on them? If so, contact that attorney and work with him or her so that everyone is kept informed about all cases.
14. Is the accused already represented by another lawyer on this case? If the accused wants to continue to be represented by another lawyer, stop the interview. Otherwise, have the accused sign a substitution of attorney form and, after the interview, ask the other lawyer for the client’s file.
15. Was a Identification parade held? Find out all details about the Identification parade such as when and where it was held, whether a lawyer counseled the accused at the , and how theIdentification parade was conducted. Consider challenging the Identification parade
16. Is the accused in custody? Find out if the accused will be able to make bail.
17. Does the accusedhave a professional license? Find out the accused's profession and, if he or she has a professional license, determine what effect the criminal case may have on that license.
18. Is the defendant an Indian citizen? If the defendant is not Indian citizen, the criminal case may have immigration consequences.
No comments:
Post a Comment