Having a trial as a defense attorney is a completely different experience from trying cases as a prosecutor. You would think it would be much easier because it is the state's burden to prove the case "beyond a reasonable" doubt.

However, it is not that simple. A good defense attorney needs to be prepared to cross examine whatever witnesses the state calls to testify. Under the rules, the state does not need to tell the defense who will testify prior to trial.

Further, despite the "innocent until proven guilty" standard, when your client is sitting at the defense table being pointed to as the guilty person, it is hard to say the judge/jury remains unbiased.

In my most recent experience, the victim testified and identified my client as the guilty party. However, the state did not do its homework. After the state rested its case, I made a motion to find my client not guilty (MJOA) based on the fact that the state had not put on any evidence to support their case.

The detective's wrote an inaccurate charging document and the state did not catch the mistake. Once the state rested their case, the judge had no choice but to dismiss my client's case.

Being able to find a way to clear my client was an extraordinary feeling. Whether it was based on evidence or on a technicality, I was thrilled to see my client walk out of the courtroom with no conviction. Now I know how great the victory feels on the other side of the table.

This post was written by Maryland defense attorney, Colleen Kirby. She is a graduate of the University of Baltimore School of Law and former Assistant Stat'es Attorney. Colleen is a member of the Maryland State Bar Association, Maryland Criminal Defense Attorneys Association, and Howard County Bar Association.