Preliminary Matters in general

In general

Next to plea negotiation, investigation is probably the most important phase of any criminal defense. In computer crime cases, investigation takes on even more importance because of the difficulty faced by the non-technically inclined in understanding the computer and business environments involved. Whether the case goes to trial or is disposed of by means of plea bargain, the more evidence the defense attorney can rely on, the better a position he or she will command. By the time the trial begins, the attorney should have as complete an understanding as possible of what happened, where it happened, and why and how it happened. Often, understanding the complexities of an accounting or computer system will take an attorney some time. He or she will want to spend more than one occasion analyzing the facts in order to communicate clearly and persuasively with the judge or jury.FN33