David Serna Talks About Aggravating and Mitigating Factors

The terms “aggravating” and “mitigating” factors usually come up when reading about criminal charges and their penalties. Aggravating factors help judges develop proportional and consistent sentences with the defendant’s offense severity and history. These details can affect the penalties, so David Serna believes defense lawyers must explain it to their clients.

 

On the other hand, mitigating factors can support leniency in the defendant’s sentencing. Although criminal statutes pay less attention to mitigating factors, David Serna believes defense lawyers should still present them to the court. Courts will hold this evidence relating to the defendant’s character and introduce them, provided they are relevant to the sentencing process.

 

What aggravating factors do judges consider?

Aggravating factors often include any relevant factors that make a case’s outlook more severe or severe. Some details include the following:

●     Evidence of prior planning

●     Targeted vulnerable victims

●     Previous conviction or convictions, particularly of severe offenses,

●     The committed crime was part of an organized criminal group

●     The offender intended more severe harm than the result

●     Financial or material gain motivated the offense

●     The offender attempted to frustrate or impede the administration of justice

●     There were multiple victims or incidents

●     The offender used weapons to frighten or injure victims

●     The offender used deliberate, gratuitous, or repeated violence or other forms of degradation

●     The offender abused a position of power, trust, or authority

●     The offender committed the crime while subject to pre-trial or sentence conditions

 

What are examples of mitigating factors?

●     Lack of prior criminal record

●     Mental or physical illness

●     The victim’s culpability

●     The offender played a minor role in the crime

 

How can aggravating and mitigating factors affect a case?

After many years working as a defense lawyer, David Serna saw how aggravating and mitigating factors can mean much steeper or less harsh penalties. These details can mean the difference between jail time and probation. It can also mean the difference between a long prison sentence and a short jail term. So, it is essential to understand for the defendant to understand all the potential aggravating factors that can significantly impact their charges and penalties.

David Serna Shares What Immunity For Testimony Is

Many television shows and movies portray prosecutors sometimes bargaining with defendants whenever they believe that the suspect has valuable information about other more extensive criminal activities. David Serna thinks that more people should know about immunity deals with the prosecution, which they offer to defendants in exchange for their testimony. David Serna believes defendants should know that anyone with criminal charges has a Fifth Amendment privilege against self-incrimination. It means no one can force them to reveal any incriminating information about themselves. Besides directly incriminating responses, it also covers responses that could lead to the discovery of incriminating evidence.

 

David Serna believes it is a valuable tool for the prosecution to aid investigations and get relevant information that witnesses would not otherwise provide because of their fears. But, only a state or federal prosecutor can decide who receives immunity. They can grant immunity deals to defendants of various crimes, from something as minor as theft to more severe crimes like murder. Prosecutors usually offer immunity to defendants of minor crimes to help them convict someone involved in a significant crime. You can often see it occur in organized crimes when prosecutors provide immunity to a subordinate to testify against their leader.

 

Besides its definition, limits, and application, David Serna also believes defendants must be familiar with the types of immunity prosecutors may offer them. One type is transactional immunity, which protects them against any future charges based on any matter related to their testimony. Although it is the broadest type of immunity, known as total immunity, it does not save the defendant from prosecution for criminal activities unrelated to something discussed in the immunized testimony. Unlike transactional immunity, the use and derivative use immunity come with more restrictions. David Serna believes the prosecution offers this type of immunity more often because they can file charges similar to the crime against the witness. But, they can only charge their witness as long as the prosecutor base the charges entirely on independent evidence from a different source.

David Serna Shares Everything You Need to Know About Police Searches

 David Serna believes that being intimidated by law enforcers to give up their rights unconsciously is one of the most common things individuals are afraid of happening. Although police officers are responsible for protecting the public with confidence and strength, some civilians fear police officers may abuse their authority and power.

 

David Serna believes and advocates for the guarantees of individual freedom and liberty and a person’s constitutional rights, which he exhibits in his style of practice. Ever since he started in 1977, David Serna held distinguished positions, received many coveted honors, and earned the respect of his fellow defense lawyers, prosecutors, and judges. In 2007, aside from being a white-collar defense and DWI defense super lawyer, the Super Lawyers selected him as a criminal defense super lawyer.

 

After his experience with numerous legal cases, David Serna believes that many civilians experience anxiety and discomfort when facing police officers. Some are overly compliant because they respect the uniformed personnel and rightfully fear the potential consequences of disobeying commands. David Serna believes that being obedient and cooperative with the police is entirely right because it is the law. But, he also believes that being overly compliant with officers may cause the civilian to unconsciously give up his rights and constitutional protections against improper interfering of the State in their private matters.

 

Whatever circumstance with police officers a private individual is in, David Serna believes it is vital to know their constitutional rights and clearly say no to unreasonable and unlawful acts. Remember that saying no means you are rightfully asserting protections given by the Constitution. Officers should know that they cannot force private individuals to submit to a search without probable cause, warrant, or incident to an arrest. David Serna encourages individuals to immediately contact their lawyer if an officer insists that they comply. Stick to your no, so you can remain in control of your rights.

 

Note that you should contact a competent lawyer who can do their job well in defending you and your legal rights. If ever you need legal assistance, David Serna is available for consultations during COVID. Either by email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

 

David Serna Explains The Constitutional Right Against Double Jeopardy

David Serna believes that not many know about their constitutional right against double jeopardy, which is a must-know for every individual. This right means that the state cannot charge an acquitted person twice for the same offense. It is one of the fundamental protections provided by the Fifth Amendment to the U.S. Constitution for criminal defendants.

David Serna believes that it is essential for criminal defense lawyers to thoroughly explain every crucial aspect of their right against double jeopardy to their clients. One of the vital things they need to discuss is its obvious application when law enforcement finds new evidence of the defendant’s guilt after the jury acquitted them. The prosecution cannot charge the defendant again. Double jeopardy is also apparent when a judge tries to sentence a defendant for an offense they have already served their sentence.

But, David Serna believes that double jeopardy can be much more complex in certain circumstances. The court may order a new trial if there was a hung jury or there is new compelling evidence previously unavailable at the first trial. Additionally, the court may also order a new trial suppose the prosecution finds a tainted acquittal where there was intimidation of jury or witnesses, false evidence, or any form of corruption or bribery at the first trial. These two circumstances typically apply to the most serious offenses such as murder, manslaughter, or aggravated rape. It is why David Serna reminds his colleagues to do their best in their work without participating in any illegal acts, which can further damage the defendant’s case.

However, David Serna believes it is essential to remember that the protection against double jeopardy applies only to criminal cases. It means that other parties may sue an acquitted or convicted defendant in a civil lawsuit based on the same conduct. Additionally, double jeopardy does not apply until the court swears in the jury or until the first witness starts to testify in a trial before a judge. Therefore, filing charges does not trigger the rule.

If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

David Serna Explains The Presumption of Innocence

 Are you familiar with the saying “innocent until proven guilty”? Did you know that it refers to a principle of criminal law known as the presumption of innocence? David Serna believes that it is essential for law enforcement officials and prosecutors always to keep this principle in mind. Doing so will help eliminate any prejudices or biases one may have against a suspect.

 

The presumption of innocence is a criminal law principle that presumes that a person is innocent until proven otherwise. David Serna believes that it is essential for lawyers to keep in their minds that even if there are charges against a person with the offense in question, it does not mean that they are guilty. It means that no one can punish them until the evidence shows they are guilty and a judge gives them a sentence.

 

David Serna also believes that trials should always occur without undue delay, given the impact of criminal proceedings on a defendant’s life. It is why before conviction, under the principle of the presumption of innocence, any restrictions on the accused individual’s fundamental rights should only be imposed where necessary.

 

The presumption of innocence is also a fundamental element of an individual’s right to a fair trial. David Serna reminds prosecutors and law enforcement officers that they cannot, in any way, compel the defendant to confess guilt or give evidence against self. The defendant does not have the burden of proving his innocence. Therefore, the state cannot use their silence as evidence of guilt.

 

In many countries, this principle is a legal right of the accused, which David Serna believes should be for every country. It is also an international human right under the United Nation’s Universal Declaration of Huma Rights, Article 11. If the prosecution wants a conviction, they need to prove that the accused is guilty beyond a reasonable doubt, backed by the legal burden of proof. If reasonable doubt remains, the state must give the defendant the benefit of the doubt and be acquitted because the state did not meet the burden of proof.

David Serna Talks About The Objectives of Criminal Law

Criminal law is the body of law related to crime and proscribes conduct perceived as threatening, harmful, or otherwise endangering to people’s welfare. David Serna believes that one of the most significant definitions of criminal law is its aim to identify, acknowledge, and punish and educate the greater community and potential offenders about their actions’ consequences.

 

People commit crimes every second worldwide, and many may wonder why people commit these offenses despite knowing that there are existing criminal laws that can provide punishment. Some people may even wonder what criminal law’s objective is if there is always someone violating others’ rights. Essentially, there are five criminal law objectives, and David Serna shares an overview of all of them in this post.

 

Retribution

Retribution refers to the judgment of sentencing of the court, delivering punishment for an offense. A trial determines the penalty, which usually takes away certain liberties and rights of the offender. David Serna believes that it is the most widely seen goal of criminal law. Criminals inflicted harm upon others, and consequently, the law will punish them and balance the scales once again.

 

Deterrence

Another primary objective of criminal law is deterrence. David Serna believes that the goal is to impose sufficient penalties to discourage offenders from criminal behavior and other society members from committing crimes. Serna trusts the authorities can only achieve deterrence when offenders have the chance to reflect on their actions’ consequences.

 

Incapacitation

Incapacitation or incarceration restricts an offender’s freedoms and rights as punishment for their crimes. It removes them from society and restrains them in a separate facility. David Serna believes that this objective helps prevent criminals from committing any further crimes and protect the general public from them.

 

Rehabilitation

David Serna believes that criminal law is not only about punishing offenders. It is also about transforming them into valuable society members, which is the goal of rehabilitation. It prevents further offense by identifying and addressing issues of the offender and redirect them for a positive outcome.

 

Restoration

Lastly, criminal law also aims to return the crime victim to their original position before the injury. It is a victim-based punishment, which seeks for criminals to accept accountability for their actions.

David Serna Explains the Pros and Cons of Pleading Guilty

 When criminal defense lawyers like David Serna makes the critical decision of whether to plead guilty or go to trial, they often have more factors to consider. They need to understand and explain carefully to their clients what trial rights they are giving up. In this post, David Serna will explain some of the pros and cons of pleading guilty.

 

Pros of pleading guilty:

Waiting for case trials can take up to a year or more. The defense attorneys, especially their clients, will have to wait anxiously, not knowing how the trial will favor them. But David Serna believes that when criminal defense lawyers plead guilty, they know that they will be confronting the case face-on. Meaning, they should resolve the case more quickly than if they waited for a criminal trial.

 

Besides the agonizing months of waiting for a trial, it can also cost a lot. The expense for defense lawyers is generally less when the defendant chooses to plead guilty instead of going to trial. David Serna believes that saving thousands of dollars should be one of the greatest consideration for someone who anticipates the jury to find them guilty.

 

David Serna believes that one of the best advantages of pleading guilty is avoiding a trial’s uncertainty. Juries are usually unpredictable, and prosecutors can always uncover additional evidence to convince the jury to convict the defendant. Since trials are public, pleading guilty will help the defendant avoid most media attention and unwanted attention.

 

Cons of pleading guilty:

Although there are excellent advantages in pleading guilty, David Serna believes that some risks are associated with it. The criminal record will follow the defendant for the rest of their life. Besides this consequence, the judge is still responsible for sentencing. They can generally impose a longer sentence compared to what the prosecutor suggests.

 

If you need any legal advice, you can reach lawyer David Serna, a nationally-recognized criminal defense lawyer, via email, telephone, video conferencing, or in-person visits under strict disinfecting protocol and mask requirements.

 

David Serna Talks about the Role of Lawyers in Settlements

In some cases, parties feel shocked or dismayed when their legal counsel encourages them to settle instead of going through all procedures until trial. Some wonder if their lawyers are not skillful enough to win the case or if they lost faith in the entire case. It is why David Serna believes that it is essential to discuss settlements and the lawyer’s role in it. Lawyers should adequately guide their clients to prevent them from having misapprehensions, which can have disastrous effects.

David Serna believes that a settlement does not necessarily mean that anyone was right or wrong, nor does it have to settle the entire case. However, criminal cases have a different arrangement. The government or a court may decide to dismiss a case. The defendant may also plead guilty, which may dismiss some of the charges or shorten the sentence.

Settling cases can have advantages, such as:
● The client can save a significant amount of money from legal costs if you settle before the hearing.
● It will give the involved parties a chance to decide what they are willing to accept. It can also take the risk out of the case.
● Settlements will also help avoid the stress of giving evidence undergoing cross-examination.
A legal counsel cannot, in any case, suggest a tie. Instead, David Serna believes that good lawyers will explore reasonable settlement resolutions and give their clients an accurate and full cost-benefit analysis of the available alternative options. Lawyers need to explain to their clients carefully and as extensively as possible to understand why they are even considering settling. David Serna believes that good lawyers will argue their case as strongly as possible. But the best lawyers will discuss both sides equally well. They should know that understanding the opponents’ arguments is as vital as understanding their case, which will give them an insight into why they should settle or not.

However, it would be best to keep in mind that you cannot or should settle all cases. Sometimes, the amount or agreement may be too little or unrealistically big. If you need any legal advice, you can reach David Serna, a nationally-recognized criminal defense lawyer, via email, telephone, video conferencing, or in-person visits under strict disinfecting protocol and mask requirements.

David Serna Shares Tips On What To Do If You Get Arrested

David Serna believes it is vital that you know what will get you in trouble and get you arrested first before they learn the next essential things to do. Law enforcement officers may charge you:

●     if they are present, and someone accuses you of committing a crime;

●     if someone accuses you of committing a crime that falls under the exception of warrantless arrests, such as battery;

●     if in pursuant of a warrant, a judge summons you to court

 

David Serna believes that one of the essential things individuals need to remember is that they should not speak to law enforcement officers without talking to their attorney first. If the individual does not have a defense attorney, they have the right to immediately ask for a legal counsel.

 

Under the 5^th Amendment of the U.S. Constitution, even if the police threatens you or you are afraid that you may appear guilty, you should never agree to answer any of their questions or make any uncounseled statements. After getting arrested, David Serna believes it is best if you concentrate on protecting your rights. Explain to the law enforcement officers that you will not provide any information until you have spoken to an attorney.

 

After a lawful arrest, police officers usually have the right to conduct a limited warrantless police search of your person and property. This process, known as search incident to arrest, ensures the officers’ safety, and determines whether you have any contraband material. David Serna believes that it is best to avoid physically resisting to avoid any conflict with the law enforcement officers. Make sure to pay careful attention to how the police officers conduct their search. Remain calm, physically compliant, and silent. Make sure that you do not make any statements that suggest you committed an offense.

 

If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

David Serna: Everything You Need To Know About Miranda Rights

 

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

As all of us see on television shows or movies, whenever officers arrest someone, they immediately recite the suspect's Miranda rights. Unlike what many believe, David Serna reminds us that if a police offer does not read your rights and obtained evidence from you may be inadmissible as evidence in court.

 

What are Miranda rights?

More accurately known as Miranda warning, Miranda rights were made as a part of the common vernacular after the U.S. Supreme Court of Miranda vs. Arizona. In this case, the Supreme Court decided that all suspects must be immediately advised of their rights. David Serna believes that this is crucial for suspected individuals since every action or word they say may significantly affect their legal proceedings. David Serna also reminds individuals that the location of interrogation does not matter. Whether it occurred in jail, the streets, at the scene of the crime, or even in a car, the police must read the Miranda rights to the person if they want to use the person's responses as evidence. However, if the person is not in police custody as he or she makes admissions, then the information can be used against the person later on legal proceedings.

 

It is vital to note that officers recite the individual's Miranda rights if there is an intention to interrogate the suspected individual under custody. However, the police can still arrest the suspect without the Miranda warning. David Serna believes that whatever may happen, suspected individuals must invoke their Miranda rights. Before or during the interrogation, tell the police that you would want to stay silent until your attorney arrives. If you need any legal assistance, David Serna is available for consultations during COVID. Either by email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

David Serna on the Past and Present of Serna Law Offices

David Serna takes pride in the founding and continued ascent of Serna Law Offices, of which he had founded and is currently the sole practitioner. With his two Board Certifications as a Criminal Defense Specialist, Serna was driven to maintain a hand-crafted approach to criminal defense, with great focus on his clients and their needs. His work is always bespoke, with careful attention to the unique aspects of each case and each client. This reason is predominantly his cause for opening the solo practice.

Super Lawyers and Charles Driscoll Memorial
In 2007, his work had received so much acclaim, and Super Lawyers had selected him as a Super Lawyer in the field of Criminal Defense, DWI Defense, and White-Collar Defense. Since then, David Serna had been named a Super Lawyer for every year since. It was in 2013 when he received the distinction of being awarded the Charles Driscoll Memorial Award, which is given to the lawyer who has presented the most exemplary and commitment to the protection of life, liberty, and constitutional rights in the State.

Awards in the Last Decade
The National Association of Distinguished Counsel had an extensively selective process of awarding the top one percent of attorneys within the US with an induction into their association in 2015. And among that one percent of the top lawyers in the country, he was inducted into the group. Furthermore, the very next year, David Serna also received the Martindale-Hubbell Client Distinction Award. This award underscored Serna’s excellence in the quality of service that he presents to clients, the overall value of his provided services, and how he responded and communicated to them and the court of law.

David Serna began his practice in 1977, with the commitment to the service of his fellow man. Through Serna Law Offices, he is dedicated to providing his clients with the best possible service and will do so for years to come.

The Basics of an Arrest Warrant

Since most of us have never been charged with an offense or a crime, the majority does not know how a criminal case begins and what a warrant of arrest must contain. Today, David Serna explains how a criminal case begins.

It starts with probable cause to arrest an individual. Probable cause is not the same as personal knowledge. There are many instances when crimes take place without the actual knowledge of the police. It is unlikely that a police officer or law enforcer witnesses every crime. Many crimes are based on reports made by other individuals who personally saw the crime or offense.

Before a judge can sign and issue a warrant of arrest, the police officer must first establish probable cause in his affidavit, which must be sworn under oath. An affidavit is sufficient when it contains facts and circumstances that lead the police officer to believe that a crime was committed, and the person being charged committed the same.

Broad charges or those that identify the crime but not the criminal fail to satisfy the requirement on probable cause. These reports would most likely fail to persuade the judge or magistrate to issue a warrant, says David Serna.

A warrant of arrest gives a police officer the authority to arrest an individual or a group of individuals specifically named in the warrant—unless it’s a john doe warrant, one that is issued when the true name of the person to be arrested is unknown or cannot be identified.

The acts constituting the crime committed must be specified in the warrant. Warrants must also state the amount of bail to be posted by the defendant to keep him from losing his freedom. Some warrants contain restrictions on the time and manner of arrest to be made.

Learn more from David Serna today! Click his page for more information on criminal procedure.

Prosecution’s Guide to Impaired Driving Cases

Studies show that almost 40% of crash reports involve drunk or impaired driving. However, these cases are difficult to prove as many prosecutors are not equipped with the technical knowledge necessary to prove the elements of the offense. This makes expert testimony, crash reconstructionists, and mathematical or scientific proof and analysis essential.

In this short blog, David Serna discusses what prosecutors should know and look for when investigating a case on impaired driving.

The Phases of a Crash

A car crash occurs in three phases: pre-impact, engagement, and post-impact. These phases are further broken down into several events: point of first possible perception, point of actual perception, point of no escape, point of operator action, point of impact, post-impact trajectory, and final rest position. However, not all car crashes involve these events. The sequence of these events varies and is a case-to-case basis.

Analysis of the Evidence

The more evidence prosecution has, the fewer loopholes defense can use. This is true for all criminal cases. The defense will most likely use expert testimony to rebut the evidence presented by the prosecutor.

David Serna says that prosecutors must, before going to trial, learn some of the following crash reconstruction fundamentals: analysis of the friction marks left by tires, drag factor, crush analysis, momentum analysis, time-distance analysis, speed from event data records.

Common Defenses used in Impaired Driving

Defense usually attempts to decrease the value of the drag factor. Since the prosecutor relies heavily on mathematical values and reconstruction methods, the defense usually claims that the drag factor and the weight of the vehicle are incorrect, post-impact vehicle rotation was not taken into consideration, and the approach angles were not determined or investigated.

Prosecutors must anticipate these defenses. For more information on criminal law, defense, and prosecution follow blogs by David Serna.

3 Things to Do Before the Cross-examination of Expert Witnesses

Prosecutors should anticipate that the defense will present an expert witness, especially when the case requires medical, scientific, or technical knowledge. Conducting the cross-examination of expert witnesses will most likely be difficult since the counsels, the jury, and the judge do not necessarily possess the technical knowledge to understand every detail of expert testimony.

Today, David Serna discusses 3 ways and strategies prosecutors can use to effectively go about the cross-examination of expert witnesses.

1.       Know the common factual issues dealt with during the examination of expert witnesses

This may vary per State. It is necessary to know what issued may be raised. As a guide, Rule 702 of the Federal Rules on Evidence allows expert testimony when these three issues are raised: 1) whether the testimony is based on sufficient data or facts; 2) whether the testimony is the product of reliable methods and principles; and 3) whether the witness has applied the methods and principles reliably given the facts of the case.

David Serna says that prosecutors must prepare and pay attention if any of these three issues has been raised in the pleadings.

2.       Understand the topic or subject the expert testimony will cover

Lack of technical knowledge is indeed a limitation on the part of the prosecutor. To effectively ask questions during the cross-examination of expert witnesses, it is necessary that the prosecutor acquaints himself with basic knowledge on the subject matter.

That does not mean that he should read several books on the topic. A good source would be the State’s own expert witness. This should guide the prosecutor and trier of facts in understanding the technicalities in the expert testimony of the opponent’s witness.

3.       Know the background of the expert witness

After gathering information on the subject, the prosecutor must also know who the expert witness is. It is necessary to know if such witness is experienced, skilled, and credible. So much can be inferred from his employment history and educational background. 

Follow David Serna’s blogs for more tips on litigation, criminal law, defense, and prosecution.

Advice on Crafting Legal Briefs

A trial is a form of art. Like all kinds of performance, mastering it requires preparation. To be an effective trial lawyer, young lawyers should first know that writing persuasive legal briefs makes a sturdy foundation for trial. Today, David Serna shares his insights from over 40 years of experience as a trial lawyer.

1.       The court is your audience.

The jury and the judge are the readers of your pleadings, motions, and other documents. Making them understand and appreciate what you write and what you say are things all trial lawyers must do.

Knowing the environment where the trial takes place also matters. Visiting the courtroom will help acquaint you with the equipment it has. The equipment available is not uniform for all courts. Some have the latest technology while others don’t. Knowing what is available will help you build your presentation more efficiently.

2.       Brevity goes a long way.

The simpler, the better. David Serna believes that you are duty-bound, as a trial lawyer, to communicate with the court effectively. You must make time establishing a logical and clear argument.  Think of how to help the court understand your case. By avoiding technical and highfalutin words, you help the court grasps the facts you wish to establish, the cause of your case, and the relief your client seeks.

You are not only taking up your time. You are also taking up the time of the court. The court is burdened with a heavy workload. We don’t want to waste their time. Keep your briefs brief.

3.       Proofread.

Your first draft is rarely ever your final draft. Write and revise until you achieve the best and clearest flow for your argument. Being updated with the most recent key cases will help you, not only with advancing your client’s case, but also rebutting the opposing counsel’s defenses and objections. Be sure that the cases you cite are not incompletely quoted and to put them in the proper context.

3 Things Lawyers Must Do While Preparing for Trial

Lawyers must always thoroughly examine the evidence offered by both sides. Every piece of evidence and every testimony carries a specific objective. Lawyers must prudently consider the purpose to be carried out for each and prepare according to each set of goals.

David Serna believes these are the preliminary steps to a successful direct and cross-examination. Today, he discusses the three things all lawyers must do while preparing for trial.

1.       Keep in mind the objective you are achieving

Knowing and understanding the objective of the witness’ testimony will help you frame your questions, both for direct and cross-examination. Without definite objectives, you will only end up hurting your case.

When conducting a direct examination, for instance, the objective is to build a story and to make the jury remember that version of the story. On the other hand, when conducting a cross-examination, the counsels must be gauge whether the witness will harm or help their side of the case. If it is more harmful than helpful, the lawyer should dispense with cross-examination.

2.       Understand the challenges confronting each side of the case

Each side of the case has its strengths and weaknesses. Lawyers must always be at least one step ahead of their opponent. David Serna says that they must be able to anticipate the defenses, rebuttals, and objections that will be set up against their witnesses and evidence.

For instance, if you are the prosecutor, you must remember that the defense counsel’s tactics will involve undermining the State’s case. On the other hand, if you are the defense counsel, you must remember that strength is found in evidence that will cast doubt as to the commission of the offense charged against your client.

3.       Identify the legal parameters and limitations of each side of the case

Each side is limited by a specific set of rules. Lawyers must remember that each there are State-specific rules of evidence. Knowing what these are will help counsels craft questions for direct and cross-examination.