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The Order of Trial is Important to Remember - Part 2 - Trial Strategy

Posted by attorney Theodore Robinson

So what can be done when the prosecution gets to tell their story first and the jury focuses their attention on it and then have a hard time even hearing your client's version of what happened because they've already been told the whole story already? First, always make sure to tell the jury at the very first opportunity, usually during the jury selection process, that your client has his/her own version of what transpired and they should keep their minds open until they hear from your side. Second, give them examples of how many times a person is telling a story at the Thanksgiving dinner table and a spouse or child starts to tell everyone a story that they believe is true, when you realize they've got it all wrong. You may break in to say they have it wrong, but you already know the response you're going to get if you do. If you wait until its all over to talk to your spouse quietly, they usually will deny they said it the way you now claim and there is no way to correct the situation at all. Its just an incorrect story sitting out there without rebuttal and you are sitting there frustrated wishing you had spoken up, but happy you didn't because at least you have some peace at home. Nonetheless, you know that the wrong story has been told and you know that even if you do rebut the story and correct it, the rest of the people listening won't believe you anyway because they already heard the original story and believed that. What do you do then? Well, that's one way to deal with a personal situation like that. But what happens if such a thing happens and someone gets arrested and has to wait to tell their story after the first story was mis-told? Will a jury every believe them after they've already heard the wrong story about what happened? Not likely either - unless they're told ahead of time that the first story they're going to hear is incorrect and wrong. Then, at least, they may be on notice of the situation and can at least try to keep their minds open until they hear the other side.

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