"Defense Pretrial Preparation," Crim. Antitrust Lit. Manual, ABA Press, Chapter 9, at 155 (1983).
Once an indictment is filed, defense counsel is faced with numerous important decisions:
- How to plead at the arraignment
- How much, if any, discovery to seek
- Whether to begin serious pretrial preparation
- Whether to press for an early trial or to seek a delay
- How to deal with government counsel and defense co-counsel
- Whether to try the case, and
- How to handle the criminal case defense in the light of any related treble damage litigation.
This chapter covers the factors bearing on counsel's handling of the defense between indictment and the time shortly before trial, including discovery and nondiscovery motions and requests and developing the defense for the trial.