Preparation is KING: Why Defense Starts on Day One

By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney)

When someone is accused of a crime, the courtroom battle may seem like the climax of the case—but in truth, the outcome is often determined long before trial. For a criminal defense attorney, preparation is king. From the very first meeting with a client, every step must be intentional, strategic, and geared toward building the strongest possible defense.

Day One: Laying the Foundation

The defense begins the moment the attorney-client relationship is established. Early preparation involves:

• Listening carefully to the client’s account of events and concerns.

• Securing key documents such as the complaint, police reports, and charging information.

• Securing key evidence such as social media, texts, videos, and photographs.

• Advising the client immediately on what to say—and what not to say—to protect their rights.

At this stage, preparation is not about trial strategy alone; it’s about safeguarding the client from further legal exposure and ensuring no opportunity is lost.

Investigation: Building the Defense Brick by Brick

A successful defense cannot rely on the government’s version of the facts. Independent investigation is crucial. That means:

• Interviewing witnesses early, while memories are fresh.

• Visiting the scene to understand context and conditions.

• Consulting experts when technical or scientific issues are involved.

• Reviewing body camera footage, surveillance videos, and digital records.

By leaving no stone unturned, the defense attorney gains a complete picture of the case—not just the one painted by the prosecution.

Motions and Legal Challenges

Preparation also means using the law to limit the state’s evidence. Pretrial motions may challenge:

• The legality of searches and seizures.

• The admissibility of statements or confessions.

• The reliability of forensic testing.

Well-prepared motions can reduce, weaken, or even dismiss charges before trial begins. Moreover, if the prosecution isn't turning over key evidence that you know exists or is likely to exist, then your attorney must be prepared to file a motion to compel discovery.

Negotiation: Leverage Through Preparation

Prosecutors are more likely to offer favorable resolutions when they know the defense is prepared to expose weaknesses at trial. A defense attorney armed with evidence, expert opinions, and strong legal arguments has leverage. Preparation isn’t just for trial—it directly affects plea negotiations.

Trial: The Inevitable Test of Preparation

By the time trial begins, every detail must be ready. This is not a "hey now" moment to shoot from the hip:

• Motions in limine to exclude negative and prejudicial evidence.

• Prepared defense themes that take advantage of your best evidence and minimize the impact of negative evidence.

• Jury selection strategy based on case themes.

• Cross-examination outlines prepared for each prosecution witness.

• Exhibits and demonstratives organized for clarity and impact.

• Opening and closing statements refined to tell the client’s story with power and precision.

Trials are unpredictable, but preparation ensures the defense attorney can adapt in real time while staying anchored in a coherent strategy.

Conclusion: The Client’s Best Protection

In criminal defense, there are no shortcuts. Success does not come from charisma in the courtroom alone—it comes from the long hours of preparation behind the scenes. From day one, preparation protects the client, shapes the case, and ultimately makes the difference between conviction and acquittal.

Preparation is king. And in the defense of someone’s liberty, nothing less will do.