Criminal defense lawyers defending someone accused of bank fraud in the Miami, Fort Lauderdale, Palm Beach areas, must consider that these areas are endemic for this type of offense. For that reason, law enforcement is especially trained, funded, and aggressive when it comes to prosecuting bank fraud offenses.
When a criminal defense lawyer represents a person accused of bank fraud, he/she must begin their work by analyzing the evidence. Once a formal plea of not guilty has been made, a criminal defense attorney will also file a formal, written demand for discovery.
“Discovery” is a legal term that refers to the sharing of information
between two parties to a lawsuit.
All criminal cases are considered lawsuits, even though they are between the Government and an individual, as opposed to two individuals or other entities. Unlike other types of cases, criminal prosecutions are governed by their own set of rules. These rules are called the “Federal Rules of Criminal Procedure.”
Once demanded by a criminal defense attorney, the prosecution must divulge the following information:
- Defendant’s Oral Statements
- Defendant’s Written or Recorded Statements
- Defendant’s Prior Record
- Documents and Objects Relevant to the Defense
- Reports of Examinations and Tests
- Summary of Expert Witness Testimony
This information is crucial to the defense because it allows a criminal defense lawyer to understand the specific nature of the bank fraud case at issue. By analyzing all of this information, a criminal defense attorney is able to map out the facts of the case and trace the evidence to be admitted by the prosecution to the bank fraud charges the client is facing.
When a criminal defense attorney performs this analysis, he/she is looking for any break in the evidence, any conflicts in the evidence, any lack of evidence, or any credibility issues. Naturally, the criminal defense lawyer is also looking for any alibis or other forms of exculpatory evidence.
By performing this analysis, a criminal defense attorney is able to assess the strengths and
weaknesses of the case not only from the defense perspective, but for the prosecution as well.