Westport Assault in the Third-Degree Trials
Following an assault in the third-degree arrest, you may be wondering what the trial process is going to like. Firstly it is important to know that usually, an assault in the third-degree case will not proceed to a trial. It will likely result in a pretrial diversionary program or a plea deal. Very few assault in the third-degree cases actually proceed to trial. However, in the instance in which an assault in the third-degree goes to trial, it is important to retain the services of a skilled attorney. In Westport assault in the third-degree trials, both sides will have the opportunity to present evidence and directly examine and cross-examine witnesses and a capable domestic violence attorney could adeptly represent you.
Bench and Jury Trials in Third-Degree Assault Cases
Westport assault in the third-degree trials could be jury trials or bench trials. A bench trial has no jury and the judge issues the decision from the bench at the close of the trial. If it is a jury trial, the jury will issue a decision. There are two circumstances in which a judge could overturn a jury’s verdict in a third-degree assault case. A judge could overturn a jury’s verdict on a motion issued by the defense or on their own if they feel that the jury’s verdict goes completely against the weight of all of the evidence that was presented during the trial. Alternatives to a trial could include a plea deal, a pretrial diversionary program, or a dropping of the charges by the prosecution or the judge.
What to Expect at an Initial Meeting With a Lawyer
In most initial meetings between a potential client and a lawyer, the defendant will come in after the arrest and will bring any documents that they have, including copies of any protective order or restraining order. They will go through all the facts of the case with the lawyer. Typically, at these meetings, the lawyer still does not have access to the police reports. The meeting is therefore mostly about the general information regarding the person and the case.
Role of Charging Documents in Domestic Violence Trials
In Connecticut, the courts use an information rather than a charging document. The clerk of the court creates the information documents. The information lists all of the charges, the nature of the charges, and the specific statutes under which they are being charged.
It is important to examine the documents before a trial. If there is an issue with the information, such as the statute under which the offense is being charged, the date on which the offense occurred, or the jurisdiction that lists the offense occurred, these could all be reasons that could be used in a motion to dismiss the charges.
How the Contents of a Charging Document Could Impact a Case
Assumptions of a case could be detrimental in the sense that, in more high-profile cases, the jury may already have been influenced by the media. It is important to make sure the jury is unbiased and has no assumptions going into the case. The contents of the charging document could be detrimental if they are incorrect and the defense failed to capitalize on that opportunity to enter a motion to dismiss the charges on that ground.
Flaws in Charging Documents
Common flaws found in documents provided by law enforcement include incorrectly listing a statute, having the date of the incident wrong, or incorrectly listing the jurisdiction in which the offense occurred.
A defense lawyer can use all of the flaws in law enforcement documents to file a motion to dismiss the charges or to discredit the police’s investigations while cross-examining the police officers during a trial.
Aspects to Keep in Mind Before Trial
One of the aspects to keep in mind before and during Westport assault in the third-degree trials is that it is important to discuss any statements made by the defendant to police before a trial so that the lawyer can know exactly what was said, any admissions that were made, and the content of the conversation. This can be used in court.
It is also important for the individual to maintain composure throughout the process because if they look highly emotional to the court, they may be considered a greater risk. If they look like they can stay calm, cool, and collected, then the court will not be as afraid that they are a risk to anyone.
Consulting a Westport Third-Degree Assault Attorney
A lawyer could help you contemplate various legal strategies for court. There are many moving pieces to Westport assault in the third-degree trials, and the lawyer will be able to go through all the details of the case to explain whether or not they think it is a case that should proceed to trial. If not, they can help you decide whether to take a plea deal or enter into a pretrial diversionary program and could work with you every step of the way.