An Experienced Criminal Defense Lawyer, Riverside California’s Gary Wenkle Smith Discusses Why a Delayed Trial Can Be an Advantage

Not every person can afford bail when they are charged with a serious criminal offense. The result: a one-to-two year waiting period for a trial. This can cause serious hardships. In addition to living in jail’s unpleasant environment, the defendant is cut off from the outside world and has to rely on help from others, including a criminal defense lawyer. Riverside California men and women who are awaiting trial want the process to begin as soon as possible so that they can be proven “not guilty” and go home. The wait is often equally difficult for the individual’s family. They miss having that person in their lives and are concerned for their safety and well-being. Spouses may rely on the defendant for an income and must take a second job or take out loans to make ends meet. This is the terrible impact of waiting for one’s day in court. With an effective criminal defense lawyer, Riverside families hope to get their loved one home as quickly as possible. However, clients should know that there are advantages to a delayed trial, and they are extremely important to the defense’s case.

Investigate Evidence

The prosecution’s case typically relies on a combination of physical evidence and witnesses. It is important to demonstrate that this evidence is flawed, unreliable, or inconclusive. With the right criminal defense attorney, Riverside CA defendants will get the time they need to challenge evidence. The attorney can… • Have tests done on physical evidence. • Investigate whether the prosecution’s witnesses have a reason to lie or mislead. • Find witnesses and evidence that will contradict the prosecution’s case. • Question whether the police have acted properly in their investigation. A lengthy period of time before the trial begins allows the defense to conduct this research.

File Motions

Before going to trial in a Riverside court, a knowledgeable criminal defense lawyer will file motions on the client’s behalf. This requires time, but the work can strengthen the client’s case. For example, the lawyer may file a motion to have the case dismissed based on lack of evidence or misinformation from law enforcement. Motions might also improve the client’s chances for success should the case go to trial. They can change the venue, dismiss the prosecution’s evidence and witnesses, or otherwise set the grounds for a better outcome.

Preparation

Having time before the trial gives the lawyer an opportunity to prepare. The attorney and client can discuss what to expect in the courtroom and how the client should present himself. Also, the attorney will prepare witnesses to give testimony that will help the case. Waiting for trial is a difficult burden to bear, but preparation, along with a pre-trial investigation and legal motions, can help clients reach their goal of a “not guilty” or an outright dismissal of the case. Contact Gary Wenkle Smith, an experienced criminal defense lawyer for the Riverside California area, to discuss your case. Call or email today.