How can I help my lawyer to prepare my defence?

Contacting witnesses and preserving evidence:

• You need to understand who will be doing what and how you can help your lawyer to prepare your defence. Ask him/her:
   Who is responsible for putting your case together, contacting witnesses and preserving evidence?
   Will you and your lawyer get access to the court file, be allowed to take copies of documents, or otherwise see the evidence against you?
   Will you be asked to testify or produce other evidence for trial?
   What is the deadline for submitting evidence to the court for your defence, or providing names and addresses of witnesses, or their witness statements, or expert reports? Can that deadline for producing evidence be extended?
• Give your lawyer all the information you think will help with your defence and ask him/her what other information will make your case stronger. You should ensure your lawyer is aware of any evidence that may need to be preserved before it is lost (for example CCTV evidence, flight records or hotel records).
• You should also tell your lawyer if there are any witnesses who can support your defence as soon as possible so that if they are non-resident, s/he can contact them before they leave the country.

Deciding your plea:

• You should discuss whether you should plead guilty or not guilty with your lawyer at your first meeting. You must first discuss with your lawyer whether you have a defence in law to counter the charges against you. If you have a good defence, your lawyer will probably advise you to plead not guilty.
• Sometimes what you consider to be a defence (for example, a lack of knowledge of the law or a particular fact) is not a legal defence against the charges in the country of your arrest; your lawyer may then advise you to plead guilty.
• Make sure to find out if any benefit be offered for taking responsibility (pleading guilty) at an early stage, or for poviding evidence to the prosecution for use in other cases.

Reducing your sentence:

• Ask your lawyer whether there is any information that you can provide to the court which will assist in reducing your sentence (this may include information about any medical conditions that you suffer from; your age, your family circumstances; your prior criminal record - or lack thereof - or information about the circumstances in which you committed the offence).
• Ask your lawyer what documents you should provide to the court for the purposes of sentencing (in particular ask whether the documents need to be legalised and translated). You will need your family to assist you with preparing these documents.

This is not a substitute for legal advice and, because every case is different and legal systems around the world vary so much, we cannot guarantee that the answers will be applicable to your own case. For advice about your own situation, you should talk to a lawyer qualified in the jurisdiction where you are being prosecuted.

The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials International makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials International disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided.

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