Answer: not always.
Texas criminal defense lawyer Mark Bennett recently wrote the following words in a blog post.
I suspect that some prosecutors come into the practice (from the high school – college – law school track with no intervening real-world experience) thinking that the State holds all of the cards. This is often true but, with a competent defense lawyer, probably not more than half the time. By the time we get to trial, no matter how much the case looks like a whale (to you and even to me), I guarantee that I’ve got something up my sleeve that is going to make you sweat.
These words are very true. When I was a prosecutor, defense attorneys usually presented something at trial that I did not see coming. Furthermore, in Illinois, this is particularly true in misdemeanor cases because the State does not have a right to discovery. (Discovery is where the parties in a lawsuit exchange information about the case. In a criminal case in Illinois, the “lawsuit” is between the People and the defendant.)
How does Mark get that “something up [his] sleeve?” I only know Mark from reading his blog, but my guess is that he gets it through preparation, preparation, and preparation. Some signs of a good attorney are that the person works hard, knows his cases, and is always prepared. Preparation goes a long way to make up for a lack of charisma or good looks. As Thomas Jefferson said, “I’m a great believer in luck, and I find the harder I work, the more luck I have.” How true this is.
