China Criminal Defense Manual - Developing a Defense for Trial

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DEVELOPING A DEFENSE FOR TRIAL

DEFENSE ISSUES FOR THE LAWYER IN THE CLIENT INTERVIEW

The following questions may provide ideas for how to utilize the information gathered during the client interview to build a defense.

  • Does the defendant have a codefendant or codefendants (someone charged with committing the same alleged crime as the defendant)?
    • If so, obtain as much information as you can about the co-defendant(s), including their previous criminal records.
    • Consider whether it would be favorable to the defendant to testify against the co-defendant(s) in exchange for a dismissal or mitigated sentence.
    • Be aware that the codefendant(s) may testify against the defendant.
    • Be aware that the codefendant(s) may tell authorities what the defendant tells him. Warn the defendant not to discuss the case with the codefendant(s) or anyone else, other than the lawyer and the investigators.
  • Did the police follow the proper legal procedures when the defendant was arrested and detained?
    • Was an arrest warrant or a detention warrant shown?
    • Was the defendant's family notified of his arrest and detention within 24 hours and also notified of the location of custody?