Prosecutors handling high-stakes cases often take an aggressive approach, seeking maximum penalties and using public perception to their advantage. Without the right defense strategy, a defendant can quickly find themselves at a disadvantage, even when the evidence is weak. A successful defense is not just about proving innocence. It is about understanding how prosecutors build their cases and knowing where to attack their arguments.
We spoke with Attorney Simon Wiseman, a former prosecutor with over two decades of courtroom experience, about what it takes to defend high-stakes cases. As the attorney at The Wiseman Law Firm, he explained how prosecutors approach these cases, the mistakes they make, and how a strong defense can shift the outcome. He uses this experience to anticipate prosecutorial tactics and protect his clients from unfair treatment.
How Prosecutors Approach High-Stake Cases
In high-stakes cases, prosecutors often take an aggressive approach, seeking maximum penalties and looking to make an example of the defendant. “Prosecutors in these cases are usually looking to punish to the fullest extent of the law,” said Attorney Simon Wiseman. “It can be very intimidating for the defendant.” When a case draws media attention or involves severe charges, the prosecution may feel pressure to secure a conviction, sometimes leading to harsher plea offers than in similar cases without public scrutiny.
Another challenge in high-profile cases is that prosecutors may hold defendants to a higher standard due to their status or media attention. “You have to take control of that from the start,” Attorney Wiseman said. “If you don’t, the prosecution will try to use it against you.” A strong defense must address potential biases early and ensure the jury sees the defendant as a person rather than a public figure or a headline. Without this approach, defendants in high-stakes cases risk facing unfair treatment based on perception rather than facts.
Defense Strategies for High-Stakes Cases
Prosecutors handling high-stakes cases often take a tougher stance, seeking maximum penalties and using public perception to their advantage. Attorney Simon Wiseman, who spent years as a prosecutor before becoming a defense attorney, explains how these cases differ and how a strong defense can push back against prosecutorial tactics.
Prosecutors Seek the Harshest Penalties
When a case attracts media attention, prosecutors may feel added pressure to secure a conviction and impose severe penalties. “Sometimes I have to take the wind out of the prosecutor’s sails,” said Attorney Wiseman. “They’re hoping to get a jury that wants to punish the defendant based on status rather than facts.” This can lead to excessive charges and plea offers that fail to account for mitigating circumstances.
Failure to Investigate Alternative Theories
Prosecutors frequently focus on building their case without fully investigating the defense’s claims. Attorney Wiseman recalled a vehicular manslaughter case where his client insisted that a brake failure caused the crash. “The police didn’t do anything to investigate my client’s defense because, in their mind, it was a slam dunk,” he explained. The prosecution was determined to prove reckless driving without considering mechanical failure as a factor.
To challenge this, Attorney Wiseman brought in an accident reconstructionist and a biomechanical engineer to analyze the crash. “We conducted a full black box download to determine the speed and braking pattern,” he said. Their findings revealed that a brake malfunction played a critical role, casting doubt on the prosecution’s theory and strengthening the defense. “The state didn’t bother to look into it, but we did,” he added.
Overcoming Bias in High-Profile Cases
In cases involving wealthy or well-known defendants, the prosecution may use public perception to their advantage. “You have to humanize your client,” Attorney Wiseman said. “Make the jury see them as a person, not just a headline.” A strong defense challenges prosecutorial assumptions and ensures the case is evaluated fairly.
A well-prepared defense can work toward a just outcome—even in the most high-profile cases by countering biases, presenting alternative explanations, and challenging unfair prosecutorial tactics.
Protect Your Future With a Strong Defense
When the prosecution is determined to secure a conviction, you need a defense that is just as strategic and aggressive. High-stakes cases come with unique challenges, from media scrutiny to harsh sentencing tactics, and navigating them requires experience and preparation. At The Wiseman Law Firm, Attorney Simon Wiseman applies his background as a former prosecutor to anticipate prosecutorial strategies, counter unfair assumptions, and build strong defenses for his clients.
If you are facing serious charges, do not leave your future to chance. A well-prepared defense can challenge weak evidence, expose investigative failures, and fight against bias in the courtroom. Call (407) 420-4647 or fill out our contact form to schedule a free consultation and discuss your legal options.