Preparing for trial
It might sound odd, but yes, trial prep should start from the first day the attorney is hired for any case, including a child pornography case. Of course, we all know that most cases don’t go to trial and child pornography trials are, unfortunately rare. Nevertheless, we have found time and time again that the reason we get good results for our clients is because we plan for the case to go to trial whereas other lawyers plan to plea their client out.
Early on in the case, your attorney should be able to determine the primary defense strategy. Either the defendant made a statement or they didn’t. If the client did not make a statement, the choices are wide open. If the client did make a statement, you must assume it will come in at trial. As a result, determining exactly what this statement contains will be important but not fully possible. Its amazing how many times the clients forget what they said to the police. Between talking to client and the prosecutor, the attorney should be able to get a good idea as to what the statement contains. You can then start preparing accordingly.
Preparing for trial also means preparing to file motions pre-indictment and post-indictment, determine if experts needs to be hired, thinking about witness to interview as well as what plea bargains are possible. After all, an attorney cannot advise their client to take a case to trial without fully understanding the difference between the plea and trial.