The Strategic Necessity of Presenting Exculpatory Evidence Early in Legal Proceedings
Jump to 9:06Defense attorneys are typically expected to present any exculpatory evidence during the preliminary hearing to potentially avoid a full trial. Bringing such evidence forward early can lead to the dismissal of the case before a lengthy trial process, mitigating risks. Strategically, waiting to reveal major defenses until a later trial stage is often considered illogical, as early disclosure can prevent the case from advancing further.
Andrea Burkhart emphasized, "If you have evidence that your defendant didn't do it, you know, is isn't isn't guilty, then the probable cause determination is absolutely the time when you would be bringing that up. Because if you can win that issue at this stage, you don't have to take the case any further and assume any risk of a bad trial outcome."


