How Criminal Lawyers Should Handle the Spotlight in High Profile Cases
High-profile criminal cases are not just about what happens in the courtroom. Whatever you do, whatever you file, whatever you state, will be public knowledge. The media, the court, and the commentators are all observing and dissecting everything that you do in a criminal proceeding.
“The media coverage in high-profile cases influences how the public perceives you even before potential jurors are chosen,” says criminal defense attorney David Benowitz at Capital Criminal & DUI Defense Group. But it is possible to manipulate media coverage to benefit your criminal case.
The following article provides guidance on dealing with the intense media spotlight and on turning the tables in your favor.
Control Public Statements
When representing a client and there is considerable media coverage, virtually everything they say publicly can go against them. Having an interview with reporters, posting something online, or making offhand remarks in the corridor may affect jurors, witnesses, or even the court itself.
As a criminal lawyer, you must set the rules around who makes statements, what will be stated, and when that will happen. It is not a question of prestige, but rather a necessary procedure that will begin from the first moment of investigations and will last until the trial takes place.
Managing the media can also be yet another tool for defending your client’s interests. All of the statements will be evaluated and considered further on. Each statement must stand the test of time, maintain the integrity of the case, and defend the reputation of your client, regardless of who you may be addressing.
Protect Jury Pool Integrity
Pretrial publicity begins to impact potential jurors long before they set foot in a court for voir dire. Criminal lawyers must monitor media coverage of their clients’ cases, collect materials that might create bias or prejudice, and promptly address any issues by filing protective orders or seeking gag orders, jury sequestration, or trial relocation.
It is not enough to state vague concerns. Instead, you must compile substantial evidence showing the likelihood of harm caused by pretrial publicity, including dates, headlines, geographical extent, and a causal relationship between coverage and juror prejudice.
Prepare the Client for Public Scrutiny
As cases grow larger, clients find themselves facing public exposure, the media, social networks, and journalists who would love to catch them in a momentary mistake.
It falls upon the shoulders of a criminal defense lawyer to provide their client with clear guidelines on how to speak to the media or give an interview, make posts online, and even respond to private messages that could be exposed later. The safest and most effective way is to have them maintain silence, unless you are with them and have guided them on how to respond.
Keep the Legal Focus on What Really Matters
Once the media storm is raging outside, you could find yourself overwhelmed by a myriad of different publications; you must not be distracted by it and forget about what matters most: court documents, motions, hearings, decisions, and other relevant events.
Participate in the legal process only through motions, objections to the motions, sealing of documents, etc. Concentrate on your goals, which means that you should control witnesses, discuss evidence suppression, and prepare for trials.
This way, you show your discipline and professionalism, earning a reputation as a careful, precise, and well-prepared practitioner.
A Reputation Built Under Pressure
A high-profile criminal case puts you at the center of public attention. Everyone is looking at how well you represent your client, remain professional and in control of the situation, set the agenda, prepare the client for the media, and manage the court proceedings professionally.
If you succeed, it will positively impact your future career. High-quality work earns recognition from judges, professionalism in interviews earns the respect of journalists, and potential clients recognize it as the right choice for future representation.
