Difference between revisions of "Strategies for Defending a Drug Case in the United States"

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Armed with the answers to the above questions,(your preliminary discovery materials) you are well on your way to being able to listen to your client's version of what happened and to assist your client in the decision making process of whether to cooperate or not.  In most other kinds of crimes you would be wise to wait until you have been provided by the prosecutor with the evidence they have collected (the discovery materials) before deciding to go to trial or seek some form of accommodation with the government.  Due to the "cooperate or not cooperate" conundrum that is ever present in drug cases, this is about as late as you can wait, if you are going to provide effective assistance of counsel to your client.
 
Armed with the answers to the above questions,(your preliminary discovery materials) you are well on your way to being able to listen to your client's version of what happened and to assist your client in the decision making process of whether to cooperate or not.  In most other kinds of crimes you would be wise to wait until you have been provided by the prosecutor with the evidence they have collected (the discovery materials) before deciding to go to trial or seek some form of accommodation with the government.  Due to the "cooperate or not cooperate" conundrum that is ever present in drug cases, this is about as late as you can wait, if you are going to provide effective assistance of counsel to your client.
  
== 2. TO COOPERATE WITH THE POLICE OR NOT? ==
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== TO COOPERATE WITH THE POLICE OR NOT? ==
  
             
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              As throughout the entire process of the case, it is your responsibility to answer, as best you can, your client's questions about the possible impact of each of the choices confronting them.  Helping clients make these crucial decisions is an art, not an exact science and it is best to avoid making predictions as to what is best for the client.  The decision of cooperating or going to trial is for your client to make.  Your job is to provide your client with as much information and advice as possible, in order for your client to make the decision they feel is best for them.  Whatever the client's decision is, it may or may not be the "right" decision, but it is their decision.   
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              If your client decides to cooperate, your job has just begun.  Your client will continue to need your advice and information about how cooperation actually is supposed to work.  Also, there will be ongoing interventions that may need to take place on behalf of your client with the vice officers who are managing the cooperation, and/or with the prosecutor.  There is the possibility that either side in this equation will come to the conclusion that cooperation isn't working.  If that happens, you and your client will need to shift gears towards the next choice the client must make - trial or attempting to work out a plea agreement.
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As throughout the entire process of the case, it is your responsibility to answer, as best you can, your client's questions about the possible impact of each of the choices confronting them.  Helping clients make these crucial decisions is an art, not an exact science and it is best to avoid making predictions as to what is best for the client.  The decision of cooperating or going to trial is for your client to make.  Your job is to provide your client with as much information and advice as possible, in order for your client to make the decision they feel is best for them.  Whatever the client's decision is, it may or may not be the "right" decision, but it is their decision.   
              Of course, your client may choose not to cooperate with the police and, instead, go to trial.  If that is the choice your client makes, you then begin the process of preparing the case for trial.  The pre-trial actions that are necessary would then become your focus.
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If your client decides to cooperate, your job has just begun.  Your client will continue to need your advice and information about how cooperation actually is supposed to work.  Also, there will be ongoing interventions that may need to take place on behalf of your client with the vice officers who are managing the cooperation, and/or with the prosecutor.  There is the possibility that either side in this equation will come to the conclusion that cooperation isn't working.  If that happens, you and your client will need to shift gears towards the next choice the client must make - trial or attempting to work out a plea agreement.
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Of course, your client may choose not to cooperate with the police and, instead, go to trial.  If that is the choice your client makes, you then begin the process of preparing the case for trial.  The pre-trial actions that are necessary would then become your focus.
  
 
== 3. PRE-TRIAL EFFORTS IN PREPARATION FOR TRIAL ==
 
== 3. PRE-TRIAL EFFORTS IN PREPARATION FOR TRIAL ==

Revision as of 19:46, 15 April 2010