Posted on 2013-03-20 09:01:43
The Theory of the Case
The theory of the case should start being formulated from the moment your client finishes telling you what happened that resulted in criminal charges.
It begins during the first interview and is detailed and gone over as each bit of information is conveyed. It encompasses what the prosecution must prove, what you can prove, what objections you’ll make, what motions you will bring.
It considers the discovery you have, the discovery you need to get and what you will do about obtaining it. Your theory will dictate how your client dresses what you say in your opening statement , and what jurors you will pick to serve on the jury. The theory of the case is the general theme of your defense it sets the stage for what defenses if any will be presented, and it must at least be considered before any meaningful progress is made on the file.
If you are facing a possible criminal jury trial for a serious offense contact J John Sebastian for a Free Consultation today.