Team Defense: Courtroom Presence, Legal Writing, and Protecting Your Future

The Value of a Team Defense

When your freedom – or someone you love – is on the line, what happens on the judge’s desk can matter more than what happens in front of the judge’s bench.

Most people picture courtroom drama the way TV shows do: lawyers on their feet, arguing passionately while the judge bangs a gavel. What you do not see on TV is often what actually wins or loses a serious criminal case:

Quiet hours at a desk.
Deep legal research.
Carefully crafted written arguments, called briefs, motions, and pleadings, that the judge studies before anyone ever says a word in court.

If you are facing charges, or helping a family member find a lawyer, you need to understand this:

A criminal defense lawyer’s written work can make or break a case.

And you have every right to see it and understand what is being said about you.

This post explains:

  • Why written briefs matter so much in serious and complex criminal cases

  • How strong legal writing helped a client beat illegally obtained evidence in a fatal crash case

  • Why early court dates can feel like nothing is happening even when a lot is happening

  • What a real defense team looks like behind the scenes

  • How to evaluate whether a lawyer is truly equipped to fight for you

What really happens behind the scenes in a serious criminal case

In any serious case, such as homicide, serious assaults, sex crimes, major DWIs, or complex conspiracies, the judge is the decision maker who can change the course of your life.

Judges decide:

  • What evidence comes in and what gets thrown out

  • What legal standards apply

  • Whether the prosecution is allowed to go forward as charged

  • Sometimes, what sentence you will face if convicted

Yes, your lawyer will make oral arguments in front of the judge. But long before that hearing, something else is happening.

The part you do not see: research and writing

Good defense lawyers spend a lot of time doing things clients and families rarely see:

  • Digging into case law, statutes, rules of evidence, and constitutional decisions

  • Comparing your facts to prior cases where judges have thrown out evidence or limited charges

  • Identifying every legal issue that might help you, such as unlawful stops, bad searches, coerced statements, mishandled evidence, improper joinder of charges, and more

  • Turning those issues into written motions and briefs that clearly tell the judge:

    • What happened

    • What the law says about it

    • What the defense is asking the court to do

Those written submissions go straight to the judge’s desk.

And they do not just sit there.

How judges actually use written briefs

Many judges and their law clerks rely heavily on written briefs to understand complex cases. As someone who has worked as a law clerk, I can tell you:

The judge’s first impression of your case often comes from what is written, not from what is said out loud.

Law clerks and staff attorneys:

  • Read the briefs

  • Check the cases and statutes cited

  • Talk with the judge about the issues, long before your hearing starts

  • Help draft the judge’s orders and decisions

That means:

  • If your lawyer submits a clear, well researched, well written brief, your position is far more likely to be taken seriously, understood accurately, and trusted.

  • If your lawyer’s writing is thin, sloppy, or unsupported, the judge has less to work with and less reason to rule in your favor.

You want to show up strong on the judge’s desk, not just in the courtroom.

A real example: when strong briefing changed the outcome

A number of years ago, we handled a very serious drunk driving accident case:

  • A woman was tragically killed.

  • Her husband was seriously injured.

  • Our client was charged with major offenses.

The stakes could not have been higher for every family involved.

But there was a problem in the investigation.
Police mishandled key evidence and took illegal steps in gathering it, in violation of constitutional rules and established case law.

Here is what we did:

  1. Investigated the investigation

    • We went through police reports, body cam footage, lab procedures, and timelines.

    • We identified exactly where officers stepped outside the law.

  2. Filed detailed written motions and briefs

    • We laid out the constitutional issues: unlawful procedures and mishandled evidence.

    • We supported every argument with case law and statutes.

    • We explained precisely why the evidence had to be suppressed, meaning thrown out.

  3. Argued the motions in court

    • The judge heard from both sides, us and the prosecution.

    • But the judge did not walk into that hearing cold. The judge walked in having already read the briefs and discussed the issues with their law clerk.

In the end, the judge agreed.
The way the evidence was gathered was not fair and was not constitutional.

The court ruled that the prosecution could not use that evidence against our client. Without it, the state’s case essentially collapsed.

The result?
Our client received a highly unusual, far better outcome than anyone would expect in a fatal DWI crash. Not because the facts were pleasant, but because the law was on our side and we presented it powerfully in writing.

For context, U.S. courts are bound by constitutional protections against unreasonable searches and seizures under the Fourth Amendment, and against the use of unlawfully obtained evidence. Foundational cases like Mapp v. Ohio, 367 U.S. 643 (1961), established the exclusionary rule that keeps illegally obtained evidence out of court, and Wong Sun v. United States, 371 U.S. 471 (1963), developed the fruit of the poisonous tree doctrine, which can exclude evidence derived from an initial illegal act. Judges apply principles like these every day in real cases.

“Nothing happened at my hearing” – why the process can feel slow or confusing

If you have sat in a courtroom or watched a loved one appear for the first time, you may have felt this:

We went to court, everyone talked for two minutes, and then they set another date. Is my lawyer even doing anything?

That frustration is understandable, especially when your life is on hold. But in criminal state court, not every hearing is designed for big fireworks.

Early hearings are often limited by design

At a first appearance or early hearing, the court is usually focused on very narrow issues:

  • Confirming the charges

  • Addressing bail or conditions of release

  • Scheduling future dates

  • Making sure everyone knows who is representing whom

Those hearings are not typically the place to:

  • Argue complex motions

  • Challenge the admissibility of evidence

  • Cross examine officers

  • Win the whole case in one shot

Why? Because serious legal challenges require:

  • Time to obtain discovery, including police reports, video, lab results, and forensic reports

  • Time to investigate and analyze what really happened

  • Time to draft and file motions and briefs

  • Time for the prosecution to respond and the judge to review

If a lawyer tries to rush that into a first appearance, the judge and prosecutor will usually shut it down. The system expects those issues to be raised through properly noticed motions, supported by written briefs.

What should be happening between hearings?

Behind the scenes, a diligent defense team may be:

  • Reviewing all discovery

  • Requesting missing materials

  • Visiting the scene, talking to witnesses, and consulting experts

  • Spotting legal issues, such as searches, stops, confessions, joinder of charges, and evidentiary problems

  • Planning which motions to file, and when

  • Drafting those motions and briefs

You might not see all of that directly, unless your lawyer takes the time to walk you through it.

That is why communication matters so much.

Ask to see what is being filed about you

If you are the person charged, or you are helping a family member, you are absolutely entitled to understand:

  • What positions your lawyer is taking

  • What arguments are being made about your case

  • How your story and the facts are being presented to the court

You should feel comfortable saying:

Can I see a copy of the motions or briefs you are filing in my case?
What are we arguing, exactly?
What are we asking the judge to do, and why?

This is not being difficult. It is being informed. A good defense lawyer should welcome those questions.

Why it matters that you see the written work:

  • You may catch factual details that need clarifying, such as “That is not exactly how it happened.”

  • You will better understand the strategy, for example “We are not arguing guilt or innocence yet, we are challenging the stop.”

  • You will be able to ask smarter questions and make more grounded decisions about plea offers or trial.

Your case is about your life. You deserve to know what is being said in your name.

Criminal defense is a team sport, not a one person show

In a serious criminal case, you do not just need a good talker in the courtroom. You need a team that covers all the critical roles.

Think of a football team, even if you are not a sports person:

  • There is a quarterback who leads on the field.

  • There are receivers who catch and run the ball.

  • There are blockers who protect the play.

  • Everyone has a role, and you do not win championships with just one star.

In a serious defense team, the roles might look like:

  • Lead trial lawyer, the face in the courtroom:

    • Cross examines witnesses

    • Argues to the jury

    • Reads the room and responds in real time

  • Research and writing lawyer, the strategist on the legal side:

    • Handles complex motions

    • Navigates rules of evidence

    • Tackles issues like joinder versus severance of charges, constitutional challenges, and procedural rules, especially in another state or jurisdiction

  • Support staff and paralegals, the backbone:

    • Manage discovery, deadlines, and filings

    • Keep the case organized

    • Make sure nothing slips through the cracks

A current example: complex charges in another state

In one ongoing case in Wisconsin, for example, our team structure looks like this:

  • We have a strong courtroom presence in Ryan, who leads at trial and in live hearings.

  • We also have a dedicated research and writing role focused on:

    • The complexity of the charges

    • Nuanced rules of evidence

    • Technical issues like joinder, lumping charges together, versus severance, splitting them apart

    • Understanding how Wisconsin specific rules affect what is in bounds or out of bounds at trial

While Ryan is the one the judge and jury see, there is a tremendous amount of behind the scenes work going into written motions and briefs that shape what the judge is even allowed to consider.

We currently have extensive briefs in front of that judge. The outcome of those written submissions will heavily influence what evidence the jury ever gets to hear, and that can change everything.

That is what a real criminal defense team looks like when it is working properly.

How do you know if a lawyer is actually good, not just good at marketing?

If you have never been through the criminal justice system before, and most people have not, trying to choose a lawyer can feel overwhelming.

  • There are billboards everywhere.

  • Google is full of paid ads and polished websites.

  • Ratings and reviews can be confusing or hard to interpret.

Marketing is not inherently bad. Law firms should help people find them. But as a consumer, you need a way to look past the shine and evaluate substance.

Here are some practical things to look for and ask.

1. Reputation and focus

  • Do they regularly handle serious and complex criminal cases, not just minor ones?

  • Are they known in the local legal community, including judges, prosecutors, and other defense lawyers, as prepared and ethical?

  • Have they taken on and stayed with hard cases, not just easy plea deals?

You can:

  • Read independent reviews and testimonials

  • Ask other lawyers you might know

  • Check whether they teach, publish, or present on criminal defense topics

2. Communication and collaboration

You should feel:

  • That you can talk openly with your lawyer

  • That your questions are taken seriously

  • That you are treated as a partner in the case, not a problem to be managed

Ask yourself:

  • Do I feel heard?

  • Does this lawyer explain things in a way I understand?

  • Are they willing to show me what they are filing and walk me through it?

3. Courtroom presence and written strength

You want both:

  • In the courtroom:

    • Do they show up prepared and professional, not sloppy or scattered?

    • Do they seem comfortable arguing in front of the judge and speaking to a jury?

  • On paper:

    • Can they point to serious motion work they have done?

    • Are they able to explain what motions they might file in your case and why?

    • Are they comfortable with complex issues like suppression of evidence, constitutional challenges, joinder or severance, or evidentiary motions?

A lawyer who is strong only in one area, only a talker or only a researcher, might not be enough alone in a truly high stakes case. The best firms build teams that cover all of it.

4. Your own gut

At the end of the day, you need to feel:

  • That this is the right team for your case

  • That you can trust them with some of the hardest information and decisions of your life

  • That they are willing to fight hard and fight smart for you

There is nothing wrong with:

  • Making several phone calls

  • Meeting with more than one lawyer

  • Asking direct questions about strategy, experience, and communication

An educated client is not a burden. They are exactly who we want to work with.

Your next move: do not stay in the dark

If you or someone you love is facing serious criminal charges, here are immediate steps you can take:

  1. Ask to see the paperwork.
    Request copies of motions, briefs, and other filings. Ask your lawyer to walk through them with you in plain language.

  2. Ask about the strategy.

    • What are we challenging?

    • What motions are we planning to file and when?

    • What are the best and worst case scenarios we are working toward?

  3. Ask who is on your team.

    • Who is leading in court?

    • Who is doing research and writing?

    • Who is managing deadlines and discovery?

  4. Get a second opinion if you are uneasy.
    If you do not feel heard, informed, or confident, it is okay to talk to another firm before things go further.

Closing: You deserve a defense that is powerful where it counts most

In a serious criminal case, the outcome often turns not on a dramatic closing argument, but on something quieter:

  • A carefully drafted motion

  • A well researched brief

  • A judge reading and saying, “The defense is right about the law here.”

You deserve a lawyer and a team that understands that. One that fights for you in the courtroom and on the judge’s desk. One that keeps you informed, invites your questions, and treats you as a partner in your own defense.

If you are feeling overwhelmed, confused, or in the dark about what is happening in your case, you do not have to stay there.

You can ask to see the work.
You can ask for explanations.
And you can choose a team that takes both your rights and your understanding seriously.

If you would like, share where your case is in the process and what you have seen so far from your lawyer. I can help you translate what is happening and suggest specific questions to ask so you are not navigating this alone.

Got questions about this? Ask Marie Pacyga