How I Help Defendants Prepare for a Trial

Court trials are inherently nerve-wracking events, particularly when you stop and consider what’s really on the line. More than the verdict, the judge and jury hold the key to a person’s future in their hands.

Phillip Hayes, a successful defense attorney in Texas and one of a select group of lawyers approved for death penalty cases, discusses how defendants can best prepare for their day in court.

Attorney Phillip Hayes prepares a defendant for trial.

An attorney prepares a defendant for trial.

Know the Facts 

As much as the outside world might like to believe that defendants know the steps of their case, Hayes says that this is not always the case. Whether it’s because their lawyer has done a poor job of explaining the procedure or because the defendant is simply turning a blind eye to the tumult of their case, it’s not uncommon for them to be confused, surprised, or even shocked by what happens in court.

As easy as it might feel to avoid — particularly for egregious accusations — Hayes says that all defendants are better off knowing the possibilities, so they feel like they have at least a little control over the situation. At the very least, they can mentally get ready for the bumpier parts of the road ahead.

Work with the Lawyer 

A defendant has any number of reasons to resent the situation that they’re in, and this can, unfortunately, come out in how they treat their lawyer. This barrier between legal professional and defendant can be overcome, but the work has to be on both sides for it to work.

Defendants who stonewall, lie, or otherwise obstruct their case can inadvertently sabotage their chances of a favorable outcome, whatever that happens to look like. Opening up and establishing a relationship instead is a far better decision.

Review the Case Structure 

Phillip Hayes reminds his clients that the law is far more than Latin words and courtroom traditions. Ultimately, it’s his job to tell the judge and jury a clear narrative about his clients’ cases. It’s the defendant’s job to help the lawyer understand that narrative and ensure that it’s hitting the most important points of the defense.

This is something of an extension of knowing the facts, but it’s also an important distinction. If there are any inconsistencies or omitted information, it can end up hurting the defendant in more ways than one.

Phillip Hayes on Trial Outcomes 

It’s not always easy to predict trial outcomes, but Hayes knows that there are ways to streamline courtroom proceedings in a way that actually helps the defendant feel more confident about what’s to come. Thinking clearly in the midst of a stressful time may not be easy, but it can save everyone a lot of stress in the long run.

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