In criminal matters, the practice of limited or closed discovery in the exchange of evidence is common. Where a case presents civil issues, engaging in the civil litigation may yield greater disclosure of evidence and possibly a more favorable result in the criminal case.
1
Analyze The Criminal Case
Careful and thorough assessment of the facts in the criminal matter may reveal that a civil action against an accuser is warranted. if a civil action has been instituted against your client, preparation to combat the allegation is not only necessary but may prove useful. Strict adherence to the Code of Professional is imperative as a lawyer cannot use an area of law to establish leverage toward resolution in another area. For instance, it is unethical to offer to "drop charges" if a party settles a lawsuit. That said, however, there are many instances where counsel should engage in representation in both the civil and criminal arenas. This will often prove advantageous to the client.
2
Criminal Lawyer Mastering The Civil Process
Many fine criminal lawyers are understandably not familiar with civil litigation. If civil litigation is determined to be in the client's best interest, the lawyer must quickly grasp civil procedure and strategy. First, a lawyer must protect his client from civil judgment. Second, a solid working knowledge of this arena can uncover facts, witnesses, biases, motivations, etc. that may not have been learned in the criminal case. Although the national trend in criminal prosecutions is leaning toward broadening evidence exchange (more commonly known as "open discovery"), a person charged with a crime is usually at a disadvantage when facing the government. Facing the vast resources possessed by the government may be overwhelming. This playing field can be made more even if defense counsel employs an aggressive and creative strategy. Room for this creativity can be found in the handling of the civil process.
3
What Is Available In The Civil Process
Criminal and civil cases alike sometimes span months or even years. If counsel is able to conduct discovery (process of exchanging and uncovering evidence) in the civil case, they will have the ability to conduct depositions (sworn testimony), provide interrogatories (written questions), serve admissions (admissible statements), request documents, and subpoena pertinent information. This collected information may be instrumental in the preparation for the criminal trial and can even be used at the trial.
Comments - add comment