A Checklist for Criminal Defense
Every case is unique. This is intended to provide a starting point for brainstorming the criminal defense of your case.
General Case Assessment
- Charging document
- Information v. Grand Jury
- Police reports (do you have them all?)
- Probable cause affidavits
- Jail documents /Recog Reports
Texas Criminal Charges
- Charging documents – complaint, information, indictment
- Statutes
- Max sentences/fines?
- Demurrers appropriate?
- Diversion programs available?
- Codefendants?
- Types of pre-trial motions (suppression)
- Charges the DA missed
Pre-indictment negotiation
Familiarity with the Scene
- Google Map
- Google Street View
- Weather Conditions
- Lighting
- Physically visit the important locations
Client Assessment
- Language (interpreter needed?)Determine custody status
- Determine custody status
- Release issues?
- Bail issues?
- Phone
- Address
- Back up contact information
- Other active cases
- Other cases in county?
- Other probation/parole/PPS matters?
- Criminal history
- Education status
- Medical status
- Military status
- Immigration status
- Mental Health status
Initial Legal Review
- Proper jurisdiction
- Proper venue
- Statute of limitations
- Speedy trial issues – varies drastically from state and federal
- Motion to suppress evidence
- Notices required for specific defenses (i.e. insanity)
- Can client aid and assist in own defense
- Initial sentencing assessment
- Max/Min penalties
- Presumptive penalties
- Mandatory minimums
- Consecutive/concurrent
- Same/Separate criminal episodes?
- Special rules
- Upward departures or variances
Witness Assessment
- Witness list
- Statements from witnesses – written, recorded, or summarized
- Impeachment material
- Criminal history
- Other statements
- Evidence of bias
- Subpoenas
Gather Additional Information
- Any follow-up offense reports
- BOEC/ 911/ dispatch recordings
- MDT data terminal logs
- Social media
- News coverage
- Arrange to view evidence
Make a Timeline of the Incident using AirTable
- Movements/Actions possible in the timeframe?
- Match the witness statements?
- Any witnesses that would take exception to the timeline?
Client Consultation
- Client informed of charges?
- Evidence summary to client
- Review exposure on each count
- Double check with client all of the following:
- Immigration
- Criminal history
- Mental health
- Military history
- Collateral consequences
- School
- Employment
- Licensing
- Driver’s license
- Client info on witnesses
File Discovery Request or Demand
Request Witness List
Request Impeachment Materials on State Witnesses
Investigation
- Investigation memorandum
- Retain investigator
- Witness list
- Visit scene with investigator
- Subpoenas to defense witnesses
- Investigator to gather:
- 911 calls / police data records / dispatch logs
- Witness statements
- Investigator to prepare:
- Exhibits (maps, photos)
- Reports
Restitution?
- Determine amount asked for
- Outside expert needed to value property?
- Civil compromise appropriate?
Experts
- Forensic expert (test/weigh drugs)
- Psychologist
- Medical doctor
- Psychopharmacologist (drug interactions)
- Expert to value property or damage
- Sentencing mitigation – drug and alcohol evaluation and amenability to treatment
- Eyewitness identification
File Legal Challenges/Motions
- Motion to suppress
- Speedy trial motions
- Challenges to client’s criminal history
- Request Daubert hearing
Mitigation Preparation
- Client employment history
- Treatment amenability
- Expert reports
- Witnesses to speak on behalf of client at sentencing
Reassess Case
- Review options with client
- Any other material needed?
- Client understand rights and trial options?
- Discussion re Bench v. Jury
- Discussion regarding client testifying
Reassess Trial
- What facts are coming into trial
- Facts beyond change
- What evidence can be suppressed/ excluded
- Finalize motions in limine/ motions to suppress
- What exhibits will be in trial
- What witnesses will actually appear
- Client testifying?
Negotiations
- DA have witness statements or discovery you gathered?
- Requested offer?
- Reviewed offer with client?
- Counteroffers?
- Has client contemplated:
- Immigration
- Emigration
- Expungments
- Collateral consequences
Plea Preparation
- Got an offer on each count?
- Reviewed paperwork with client?
- Filled out appeal form
- Sentencing mitigation materials
- Letters of reference
- Witnesses
- Job information
- Financial
Trial Materials Preparation
- Jury Instructions
- Exhibits
- Witness list
- Motions in limine
- Legal Resources
- Jury instruction book
- Rules and Laws of Evidence
- Criminal Codes
- Court Rules
- Exhibits
- Audio player
- Video player
- Interpreters
Closing Materials
- Closing letter
- File appeal
- Close file
We hope that this Criminal Defense Case Checklist proves beneficial for criminal defense case analysis. For more assistance contact Cofer Luster Law Firm, PC 682-777-3336.
