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| What To Expect ~ Page 3 |
| Guide Contents |
| Credits: Thank You |
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| What To Expect While Case Is Pending ~ Page 2 |
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| Coping With The Defense Attorney Every defendant charged with a crime has the right to be represented by a qualified attorney. Since there is no more serious charge than murder, carrying the most severe punishment permissible under the law, the courts are acutely aware of the defendant's right to a fair trial and the best possible representation. |
| The defense attorney may, however, do or say things which you find extremely upsetting, and even approach you to ask questions about the case. If you are contacted by either the defense attorney or members of the defendant's family, you should notify the prosecutor or your advocate immediately. Unless you are subpoenaed, you are under no obligation to speak to the defense attorney or anyone else regarding the case, your personal feelings, or any other matters. Whether or not you choose to talk to the defense attorney is your decision. If you prefer to avoid such discussions with him or anyone else who makes inquiries of you, just explain that the prosecutor in charge of the case is handling all inquiries, and that questions should be addressed directly to him. |
| Not surprisingly, you may have strong negative feeling toward the defense attorney and find it incomprehensible that he would agree to represent the person charged with taking the life of your loved one. As the trial begins, those feelings may intensify. Often it is not so much the defense attorney's role that is resented, but rather his behavior. You will quite possibly find the methods he uses to cast a "reasonable doubt" regarding the guilt of his client within the minds of the jurors to be both reprehensible and unconscionable. You may have to listen as he attempts to shift the blame for the murder to the victim. You may hear claims against the character of the victim that are totally untrue or highly exaggerated, and your level of frustration at not being able to defend your loved one may be overwhelming. However, in order to assure that the defendant will not be able to successfully appeal his case in the future by claiming that he had inadequate assistance of counsel during his trial, it is in everyone's best interest that he be well represented. |
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