Sign in to follow this  
Followers 0
Knowledghut

Who has the prerogative on strategy after criminal trial?

5 posts in this topic

The attorney controls strategy for a client's criminal trial. Is the attorney still in charge of strategy after trial, and if so, until what point in appeal? Or, is the client back to relying upon himself once trial is concluded? Whose decision is it to file post-trial motions, request a Krankel hearing if desired, and to determine whether or not to appeal and file any appeal?

 

Also, what happens to any notes jurors took during trial?

 

Thank-you in advance for any information about these matters.

Share this post


Link to post
Share on other sites

Depends upon if the attorney was retained.  If he was retained, his obligation ends when he completes what he was retained to do. Post trial would require an additional retainer, if it was not included in the initial retainer. Most of the time, the retainer will include post trial motions but not appeal. The decision to appeal is up to the client.

 

The notes the jury took, belong to the jurors who took them.  What happens is up to the jurors.

Share this post


Link to post
Share on other sites

Not really, it depends upon the state.  Usually if there are any post trial motions, such as motion for a new trial, the PD office will make them.  Appeal is still the defendant's decision. He could ask the court for a court appointed attorney for the appeal, but it is generally not the PD.

Share this post


Link to post
Share on other sites

A PD would do post-trial/pre-sentencing motions and would handle the sentencing itself.  If the client wants to appeal, that happens after the sentence is pronounced and the PD should file the notice of appeal along with a request for the appointment of appellate counsel. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0