Facing criminal charges, whether or not you’ll be representing yourself (also known as “pro-se representation”), can be a daunting and overwhelming experience. However, it’s important to recognize that gathering evidence for a trial is necessary to mount a defense, even when represented by an attorney. Whether you’re contesting your innocence or seeking a fair defense, proper evidence collection can significantly impact the outcome of your case. In this blog post, we’ll walk you through various methods and strategies for gathering evidence for a trial, including submitting motions, conducting interviews, and more.

Understanding the Importance of Evidence in a Criminal Case

Before diving into the specifics of gathering evidence for a trial, it’s important to understand why evidence is so crucial in a criminal case. In a criminal trial, the prosecution has the burden of proving the accused’s guilt beyond a reasonable doubt. To challenge this you, as the defendant, must gather evidence for trial to either disprove the prosecution’s case or cast doubt on their allegations. Evidence can come in many forms: documents, witness testimony, physical objects, video footage, or expert opinions. The more solid and convincing the evidence you present, the better your chances of a favorable outcome. Now, let’s look at some common methods of gathering evidence for a trial:

1. Submitting Motions for Exculpatory Evidence

One of the most vital tools in gathering evidence for a trial is the ability to request exculpatory evidence. Exculpatory evidence is any evidence that may prove your innocence or contradict the prosecution’s case. As a pro se defendant, you are entitled to request such evidence from the prosecutor.

Under the Brady v. Maryland, 83 S.Ct. 1194 (1963) ruling, the prosecution is required to disclose any exculpatory evidence to the defense. If you believe there is evidence that could help you prove your innocence, you can file a motion requesting the prosecutor to turn it over. This is often called a “Brady Motion” or ” Motion for Disclosure of Exculpatory Evidence.”

How to File a Brady Motion

  • Research: Familiarize yourself with the specific types of exculpatory evidence that could be helpful to your case. This could include witness statements, surveillance footage, police reports, or anything else that could exonerate you.
  • Prepare Your Motion: Draft a formal written motion, explaining why the evidence is critical to your case. Be sure to cite Brady v. Maryland to emphasize your legal right to such evidence.
  • File the Motion: Submit your motion to the court and provide a copy to the prosecution. In many jurisdictions, this is done through the clerk’s office.
  • Follow Up: The prosecutor may either comply with your request or deny it. If they deny it, you may need to argue your case before the judge.

Keep in mind that the failure to disclose exculpatory evidence can result in sanctions for the prosecution. If you suspect that critical evidence is being withheld, it’s crucial to address it as early as possible.

2. Issuing Subpoenas

Another important tool in gathering evidence for a trial is the subpoena. If you need documents or testimony from individuals or organizations, you can accomplish this through the use of subpoenas. A subpoena is a formal legal document that compels a person or entity to produce evidence or testify in court. As a pro se defendant, you have the right to issue subpoenas just like a licensed attorney would. There are primarily two different types of subpoenas:

  • Subpoena Duces Tecum: This type of subpoena requires the recipient to produce specific documents or physical evidence (e.g., records, contracts, or surveillance footage).
  • Subpoena Ad Testificandum: This type of subpoena compels a person to testify in court.

Steps for Issuing a Subpoena

  • Determine What You Need: Identify what documents or testimony you need and from whom. Be specific to avoid wasting time.
  • Draft the Subpoena: Depending on your jurisdiction, you can typically find standard subpoena templates online or from the court clerk’s office. Ensure that the subpoena contains all the required legal language.
  • Serve the Subpoena: After the subpoena is signed by the court, it must be served on the individual or entity from whom you are requesting information. The rules of service will vary by jurisdiction, but typically, a third party (like a process server), can help with this.
  • Follow Up: If someone ignores the subpoena you can request the court enforce compliance, and a contempt of court order may be issued.

Subpoenas are particularly useful for obtaining vital documents or securing the testimony of key witnesses who may not voluntarily come forward.

how to be gathering evidence for a trial
Photo by Tim Gouw on Unsplash

3. Conducting Interviews with Witnesses

Another method used in gathering evidence for a trial is to interview witnesses. Witness testimony can be incredibly valuable in establishing your innocence or discrediting the prosecution’s case. As a pro se defendant, you will need to interview potential witnesses to gather their statements and assess whether they can help your case. These witnesses might include individuals who were present at the crime scene or experts who can speak to specific facts.

Steps for Conducting Effective Witness Interviews

Here are some important suggestions to follow for conducting witness interviews:

  • Identify Key Witnesses: Make a list of potential witnesses. This could include anyone who may have heard something relevant to your case, such as alibi witnesses, bystanders, or experts.
  • Prepare Questions: Write down a list of questions you want to ask each witness. Your goal is to gather information that supports your defense and challenges the prosecution’s narrative.
  • Interview the Witnesses: Approach each witness respectfully and professionally. Record their responses, either by taking notes or, if allowed, recording the interview.
  • Verify Statements: Whenever possible, corroborate witness statements with physical evidence or other testimony. Inconsistent statements or a lack of corroboration can help weaken the prosecution’s case.

Witness testimony can be one of the strongest forms of evidence. Ensure you treat each witness with respect and seek to build a compelling narrative that supports your innocence.

4. Requesting a Court Appointed Investigator

In complex criminal cases, you may need the assistance of a professional investigator to help with gathering evidence for a trial. As a pro se defendant, you can request that the court appoint an investigator to assist you. While this is typically a more challenging request to make, it’s possible, particularly if your case involves serious charges and you cannot afford to hire a private investigator on your own.

How to Request a Court Appointed Investigator

Here are some important suggestions to follow for requesting a court appointed investigator:

  • File a Motion: Submit a motion to the court requesting an investigator. You will need to explain why you need an investigator and how their assistance is crucial to your defense.
  • Provide Justification: Courts are unlikely to appoint an investigator unless you can demonstrate that hiring one would be essential to ensuring a fair trial. Explain the complexity of your case and why an investigator’s help is necessary.
  • Follow the Courts Decision: The judge will review your motion and decide whether to approve it. If granted, the court may appoint a qualified investigator at no expense to you, or it may offer a financial arrangement for you to pay over time.

While it may be difficult to secure a court appointed investigator, it is a possible avenue for those facing more complex charges or lacking financial resources.

5. Gathering Physical Evidence and Expert Testimony

In addition to documents and witness testimony, physical evidence and expert testimony can be invaluable when you are gathering evidence for a trial in a criminal case. If you have access to physical evidence that could demonstrate your innocence (such as fingerprints, DNA samples, or surveillance footage), you should gather it as soon as possible. You can also request expert testimony from professionals who can speak to the technical aspects of your case.

Steps for Using Physical Evidence

Here are some important suggestions to follow for using physical evidence:

  • Document the Evidence: Ensure all physical evidence is properly documented, photographed, and stored securely.
  • Chain of Custody: Keep track of the evidence’s chain of custody to avoid questions about its authenticity or tampering.
  • Use Expert Witnesses: If your case involves complicated forensic evidence, you may need to hire or request the court to appoint an expert witness to explain the significance of the evidence to the court or jury.

My Final Thoughts

Gathering evidence for a trial in any criminal case when representing yourself requires diligent effort, organization, and understanding of legal procedures. By using motions for exculpatory evidence, issuing subpoenas, interviewing witnesses, and requesting professional assistance where needed, you can gather crucial evidence that may help you build a strong defense. While representing yourself in a criminal trial can be challenging, staying focused, adhering to legal protocols, and strategically gathering evidence for trial helps ensure that your voice is heard in the courtroom.

Ultimately, being proactive and thorough in your evidence-gathering efforts could make the difference in the outcome of your case. If you’re unsure about any step or encounter challenges, consider consulting legal resources or seeking temporary legal advice to ensure you’re on the right path. Your future depends on the evidence you present, and with careful preparation, you can fight for a just result.

If you, or someone you know, will be proceeding to trial, challenging a criminal sentence, pursuing post-conviction relief, or litigating a Civil Rights Section 1983 lawsuit, our books are crucial resources in the pursuit of justice. Purchase your copy today, or on behalf of someone incarcerated who may have seen our advertisement in Prison Legal News magazine.