Is the Best Defense Really a Good Offense?

This is a saying that’s been heard over and over again.  “Is the best defense really a good offense?”  In the sports world that may hold true.  In real life, not so much.  A perfect example might be the current political atmosphere.  If a candidate is accused of some unpolitician-like behavior, does the public immediately forgive that person if they go on the defensive against another politician?  Not at all.

Now picture yourself in a courtroom scenario.  There’s a judge, jury and observers in the courtroom.  You are a defendant, but it might not be a good idea to be aggressive on the offense.  Your attorney should bring up rebuttals to all the points brought forward by the prosecution.  Your attorney should point out inconsistencies in the evidence against you.  That’s what a good defense should do.

Defense attorneys will normally walk their clients through a courtroom scenario prior to the real thing.  It is always best to be prepared for any possible situation.  Keeping your calm demeanor will go a long way with everyone in the courtroom.  Showing respect for the process will show those people present that you are not the bad person they may have been anticipating.

What you don’t want to happen is to have your attorney act like a pitbull in the courtroom.  Imagine your attorney firing back with accusations at the prosecution and the complainant.  The complainant already has a sympathetic stand with the jury.  This person is claiming to have had you perform an injurious act against them; whether criminal, financial or civil.  Attacking the complainant will not help your case.

We have all seen the TV shows where the defense gets up to question the witnesses for the prosecution.  On TV they go after them with no mercy, trying to break down their story.  This normally ensures that the judge and jury will have little sympathy with you.  Attacking someone to make you look better will backfire.  It is best to follow the rules of decorum while in front of the judge.

This does not mean that your attorney should roll over and let the prosecution bring forward inaccuracies.  This means that your attorney should bring forward his evidence in a cordial yet assertive manner.  Having a good offense will give you the best defense you can have, but keep it non-aggressive for the best outcome.