Why You Need an Experienced Lawyer in Criminal Trials

When it comes to criminal trials, even small mistakes can have long-lasting consequences. One such critical error often occurs during jury selection or in pivotal moments when objections are not raised. That single moment of inaction by a defense attorney can significantly influence the outcome of a case, even leading to the denial of an appeal.

This post will unpack a specific case where such an oversight proved devastating. We’ll also explore the legal principles involved, the impact of such mistakes, and why choosing an experienced criminal defense lawyer is crucial for anyone facing charges.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.

U.S. v. Turrey

Joseph Anthony Turrey faced multiple charges of sexual abuse. During jury selection, his attorney questioned a prospective juror about the charges and the presumption of innocence. During this exchange, the juror made statements that were claimed to be prejudicial. However, Turrey’s attorney neither objected nor sought any corrective action, instead continuing to question the juror, and the jury selection process proceeded as normal. Turrey was later convicted, and no reference to the incident was included in his post-trial motions. On appeal, Turrey argued that his right to an impartial jury was violated due to the continuation of jury selection after the juror’s comments. 

The conviction was upheld. According to the doctrine of invited error, a defendant cannot challenge an error that they themselves caused. If a defendant (1) invites the error and (2) knowingly waives a right, the error is considered forfeited. In this case, Turrey’s attorney prompted the juror’s comments through questioning and did not object or seek intervention afterward. Instead, the comments were used to frame additional questions for other jurors. This behavior constituted inviting the error and knowingly waiving a right. Consequently, any error related to the jury selection process and the juror’s statements was deemed waived.

Understanding Waiver of Objections in Criminal Trials 

At the heart of this problem lies the legal principle of waiving objections. Simply put, if an attorney doesn’t object to an issue when it arises during a trial, they essentially waive their right to challenge it later. This principle exists to ensure that trials are conducted fairly and efficiently, preventing parties from raising issues only after a verdict has been reached. 

While this rule serves an essential purpose in safeguarding judicial procedures, it also places immense responsibility on defense lawyers. At every stage of a trial—from jury selection to closing arguments—defense attorneys must be vigilant, raising objections promptly to protect their client’s rights. 

Issues like improperly seated jurors, inadmissible evidence, leading witnesses, or unfair questioning by prosecutors must all be addressed as they occur. When lawyers fail to act, they give up their chance to correct these issues later. And as our highlighted case shows, this can be devastating for someone whose liberty is on the line. 

How Defense Attorney Mistakes Impact Appeals 

Trial errors are one of the most common causes for criminal appeals, and objections often form the basis of an appeal. For example, a lawyer may argue that the trial court erred in allowing biased jurors onto the panel or permitting harmful evidence to sway the jury.

However, appeals courts operate under specific rules. If a lawyer did not raise objections to an issue during the trial, appellate courts typically refuse to address it. This doctrine exists under the assumption that trial courts should have the first opportunity to correct potential errors.

For defendants, this means the stakes of trial errors are extraordinarily high. A single moment of hesitation or oversight by counsel can close the door on any opportunity for justice in higher courts. Without objections properly preserved in the trial record, appeals courts have little room to act—even when an error could have affected the fairness of the process. 

Why Experience in Jury Trials Matters 

The case above highlights a critical lesson for anyone seeking criminal defense representation. Choosing an experienced defense attorney isn’t just about qualifications on paper. It’s about finding a lawyer who has the practical skills needed to handle the complexities of a trial courtroom.

Here’s what experienced trial lawyers understand that younger or less seasoned attorneys may overlook:

• The nuances of jury selection, including how to spot biases or unqualified jurors.
• How and when to raise objections to ensure they’re preserved for the record.
• Strategies for defending their clients against unfair tactics by the prosecution.

Courtrooms are fast-paced environments, where decisions need to be made in seconds. A skilled trial lawyer knows how to think and act under this pressure, ensuring nothing slips through the cracks. 

The Importance of Knowledge of Evidence Rules

Another pillar of effective legal representation lies in the rules of evidence. These rules govern what information can and cannot be presented in court. Using the rules of evidence properly can protect clients from harmful or irrelevant information that could sway the jury unfairly. 

For example, did you know that:

• Lawyers can object to evidence obtained unlawfully or without proper procedures?
• A defense attorney can move to suppress overly prejudicial evidence, such as graphic images or inflammatory statements?
• Failing to challenge hearsay statements or improper testimony can leave a jury with inaccurate information?

Competent lawyers who are well-versed in evidence rules will be proactive in preventing damaging materials from reaching the jury. This means working tirelessly to safeguard their clients’ rights, ensuring that every aspect of the trial remains fair and within the confines of the law. 

When attorneys lack knowledge or experience in evidence law, they risk allowing invalid evidence to shape the course of the trial. And once evidence has been seen or heard by a jury, “unringing the bell” becomes nearly impossible, even if an error is recognized later. 

Contact Wallin & Klarich Today  

If you are facing criminal accusations, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.

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