There are several steps that need to be taken after being arrested and charged with a criminal offense. Amongst them is engaging in the discovery process. Here, you send out requests to the prosecution so that you can gather information that they hold, thereby giving you a better idea of the arguments that they intend to raise. This, in turn, gives you direction as far as how to defend against the arguments levied against you. Therefore, you don’t want to skimp on this part of your criminal defense.
One crucial aspect of discovery is the deposition. You have the ability to subpoena the prosecution’s witnesses to take their sworn testimony outside of court and prior to trial. There are several advantages to taking depositions prior to your criminal trial. Let’s look at them so that you better understand the power of this step in the process.
The advantages of taking depositions in a criminal case
There are multiple advantages to taking sworn depositions in your criminal case. This includes:
- Locking witnesses into their statements: Since depositions are taken under oath, anything a witness says during one will be recorded and transcribed. It can then be used against them at trial if they change their story. This is not only a great way to prepare for a witness’s in-court testimony, but it might give you the opportunity to attack their credibility, which could poke holes in the prosecution’s case and increase the chances that you’ll beat the charges levied against you.
- Giving you a chance to block testimony: If you subpoena a witness to be deposed and they fail to appear despite proper notice, then you might be able to successfully request that the witness be precluded from testifying against you. This could derail the prosecution’s case, which may lead to dismissed charges.
- Identifying new defense opportunities: By learning from the witnesses you depose, you might identify new defenses that previously weren’t available to you. For example, if during a deposition an eyewitness admits that they only heard of the crime second-hand, then you’ll have a strong hearsay objection to make at trial and, unless the prosecution can bring forth the individual who saw the alleged crime, then their case may be torpedoed.
Just remember that the prosecution can subpoena your witnesses to be deposed, too. Therefore, as you proceed through the discovery process, you need to speak to your witnesses to gain an understanding of what they intend to say. If they give strong depositions, then your chances of beating the prosecution’s case are increased. On the other hand, if you suspect that their deposition is going to be problematic, then you might be better off removing them from your witness list. Your criminal defense attorney can help you assess the circumstances of your case so that you can make the decision that’s right for you.
Take a comprehensive approach to your criminal defense
Your future and freedom are on the line when you’ve been charged with a criminal offense. Therefore, you can’t afford to miss an opportunity to attack the prosecution’s case. To identify every point of contention, you have to be thorough in the preparation and presentation of your criminal defense. You’ll have to know where to find favorable evidence, how to apply the law and how to craft persuasive legal arguments that’ll be compelling to a jury. By being as comprehensive as possible in building your criminal defense, you’ll maximize your chances of freeing yourself of the harsh penalties sought by prosecutors.