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How Lawyers Investigate Criminal Cases in Washington DC

March 21, 2024 Uncategorized

 

How Lawyers Investigate Criminal Cases in Washington DC

If you’ve ever been charged with a crime, you know how scary it can be. The legal system is complicated, and the stakes are so high. One wrong move could land you behind bars, or at least cost you a ton of money in legal fees. When your freedom and future are on the line, you need someone in your corner who knows the system inside and out. That’s where defense attorneys come in.

In Washington DC, defense lawyers have a tricky job. They’re up against some of the top prosecutors in the country, who work for both the local DC government and the federal government. DC courts follow all the federal rules of criminal procedure, but they also have some local laws that affect how cases are handled. The DC Code sets out all the crimes and penalties specific to the District. There are all sorts of complicated rules about what evidence can be used, who the jury can hear from, and what sentences a defendant might face if found guilty. Luckily, there are some extremely skilled defense attorneys in DC who know all the ins and outs and are ready to vigorously defend your rights.

Gathering the Facts

The first thing a good defense lawyer will do is sit down with you for an initial consultation. This is where you’ll explain your side of the story so they can start to understand the facts. Don’t hold anything back – they legally can’t share what you tell them with anyone else unless you allow it. Be totally honest so they can figure out the best defense strategy. They’ll ask lots of questions to get all the details, like:

  • What exactly are you being charged with?
  • When did the alleged crime happen?
  • Where did it happen?
  • Who was involved?
  • What witnesses saw what happened?
  • What physical evidence did the police collect?

It’s the lawyer’s job to poke holes in the prosecutor’s case. So they’ll want to know everything the government has against you. Then they can start coming up with arguments about why that evidence doesn’t necessarily prove you’re guilty.

Reviewing the Evidence

After the initial meeting, the lawyer will ask the prosecution for copies of all the evidence in a process called “discovery.” This includes the police reports, witness statements, surveillance footage – anything the government plans to use against you. The lawyer will comb through everything to figure out:

  • What exactly the evidence shows
  • Whether the police followed all the rules when they collected it
  • What other plausible explanations there could be

If the evidence was gathered illegally – like if the cops searched your home without a warrant – the lawyer can ask the court to throw it out. This prevents prosecutors from using anything found in an unlawful search against you. Your lawyer may also visit the crime scene to check out the layout and see if there’s anything fishy about the official account.

Interviewing Witnesses

Witness testimony can make or break a criminal case. So the defense lawyer will want to talk to anyone who saw any part of the alleged crime. Sometimes the police don’t give the full story in their reports. By asking questions directly, the lawyer may uncover inconsistencies or bias in the witness accounts. They’ll be building their own file documenting everything each witness actually saw.

If a witness changes their story or recants what they told police, it undermines the prosecution’s case. The lawyer can also learn valuable details that allow them to show the witness is unreliable or lying. They’ll study body language and tone of voice for signs the witness is uncomfortable or hiding something.

Consulting Experts

Some criminal cases hinge on scientific or technical evidence that is difficult for non-experts to understand. So the defense lawyer may need to consult an expert witness. For example, if the weapon used has DNA or fingerprints that implicate you, the lawyer may hire a forensic scientist to review the analysis. They can determine whether the expert who collected the evidence followed proper procedures. And they may find another plausible explanation for how your DNA or prints ended up there.

Other types of experts who may help include:

  • Medical examiners – if the manner/cause of death is disputed
  • Psychologists – if the defendant’s mental state is questioned
  • Computer specialists – for cases involving electronic evidence
  • Accountants – for financial crimes like fraud or tax evasion

Their specialized knowledge allows them to critically analyze the technical evidence and testimony. They can challenge the prosecutor’s version of events and provide alternatives that support your innocence.

Filing Motions

Based on the results of their investigation, your lawyer may make formal requests to the judge by filing motions. For example, they might file:

  • A motion to dismiss – arguing there’s not enough evidence for the case to go forward
  • A motion to suppress evidence – asserting evidence was obtained illegally and can’t be used
  • A motion for a change of venue – claiming media coverage has biased the local jury pool

If the judge grants these motions, it can really strengthen your defense. The lawyer is constantly looking for ways to get unfavorable evidence thrown out or have the case dismissed altogether.

Plea Bargaining

The vast majority of criminal cases end in plea bargains rather than trials. The defense lawyer will negotiate with the prosecutor to try to get charges reduced or dropped. If both sides can avoid a lengthy trial, the defendant gets a lighter sentence in exchange for pleading guilty. The lawyer may be able to convince the prosecutor to dismiss charges if the evidence is weak. But sometimes pleading out to lesser charges is the best option, even if you’re innocent.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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