One of the, if not the most important role of a criminal defense lawyer is to obtain the evidence in a defense case for their client. This role is often overlooked or not given the attention that it needs by some attorneys.
Criminal Rule 16 allows a criminal defense attorney to force the government to turn over all of the evidence that the government has that is material to guilt or innocence. This means that the prosecutor has to more or less open up their file and turn everything over.
But the discovery process, or the process of obtaining the evidence, does not just end there. The defense attorney after reviewing all of the evidence should then seek out professional review of the evidence where appropriate.
For instance in cases where we defend clients against rape charges and there is DNA, we send the DNA results off to an independent lab. Where there are alleged drugs, we make sure that they are properly tested.
The government is also required to turn over the names and addresses of all of their witnesses. It might shock you how few defense attorneys actually take the time to contact these people. We make sure that either an attorney does it directly, or our trained investigator does it. The information we obtain from the government’s witnesses is often critical to securing a positive result.
Call us at (440) 709-8088 for a no obligation, pressure free, consultation in Cleveland, OH. Ask to speak to me, Joseph Patituce, I am the managing partner of Patituce & Associates. If I agree to take on your case I promise that you and your matter will be treated with the respect and sense of urgency that you deserve.