Before negotiating a plea deal or heading to trial in your criminal case, you should engage in thorough discovery. This is the process whereby you learn what information is held by the prosecution. This can give you a clear indication of the legal arguments they intend to make and where any weaknesses in their case may lie. Discovery can include asking the prosecution for any records they hold that are relevant to the case, but it can also involve taking depositions of key witnesses.
How can depositions help your criminal defense?
A deposition is the taking of sworn testimony outside of court and before trial. There are many benefits to taking depositions well ahead of time, including the following:
- You have wide latitude to ask questions, thereby giving yourself the ability to learn information that may be key to your defense.
- You might be able to lock witnesses into inconsistent statements or highlight biases or motivations that decrease their credibility and the reliability of their testimony.
- You may be able to exclude witnesses from testifying at trial if they fail to show up for a deposition despite being properly subpoenaed for their deposition.
- You can gain insight into how the prosecution intends to present its case, which can give you an idea of how best to formulate your criminal defense arguments.
Depositions are common in criminal cases, so be ready to appropriately pursue yours in a way that protects your best interests.
Build a robust criminal defense that suits your needs
There’s a lot of work that goes into building a strong criminal defense. So, now is the time to get to work building your legal strategy. With foresight, legal knowhow and strong evidence, you’ll hopefully position yourself to achieve a fair and favorable outcome that protects your future as much as possible.