What Makes a Criminal Case ‘High Profile’ — And Should It Affect the Outcome?

Many criminal cases involve only the defendant, the defendant’s lawyer, local law enforcement, a prosecutor, and a judge. The case may also involve a victim, though some offenses are victimless crimes. Some publications may publish arrest notices and convictions. Generally, criminal case records, including convictions, are public unless restricted by court rule, statute, court order, or, in limited circumstances, later expunged or shielded. Employers and others may be able to see convictions if they conduct a background check.

Many cases are dismissed or plea bargained with minimal public exposure. Even many jury trials involve, in addition to those mentioned above, just the jury and a few court officials.

Some cases capture the attention of the public. They may even become high-profile cases. The more publicity a case gets, the more high-profile a criminal case can become.

Factors that may make a criminal case a high-profile case

A case may become high-profile for many reasons, including the following:

• The coverage crosses many different platforms. These media platforms include television, newspapers, and podcasts. Some cases may appear on the nightly news. Some cases may be discussed on real and fictional criminal podcasts like the one in the TV show “Only Murders in the Building.” These days, criminal cases may be discussed on every type of social media that you can think of, from X and Meta to Snapchat and Instagram.
• The constancy of the coverage. Some criminal cases are news stories for the proverbial 15 minutes of fame. Other cases receive daily coverage from the moment of arrest through trial – and even months or years afterward.
• The person being charged. Generally, cases involving politicians, celebrities, and local officials are more likely to become high-profile cases than cases involving people whose names don’t normally receive any type of public coverage.
• The crime. Some crimes are deemed so horrific or so unusual that they receive significant public exposure.

Any case that seems like it might be a good movie, a good episode of “Law & Order,” or that could engage the public in conversation can hurt your rights if it’s not handled properly.

For viewers and readers at home, crime may seem like a fun escape. For anyone who is arrested, criminal charges are very serious. A conviction, depending on the type of crime, may result in imprisonment, fines, damage to a defendant’s reputation, difficulty finding a job, and other serious consequences.

Experienced criminal defense lawyers handle all phases of criminal cases, including bail proceedings, pretrial hearings, motions practice, discovery, and trial. A skilled defense lawyer may seek to have the charges dismissed, to obtain plea bargains when in the best interests of their client, and to work to obtain an acquittal if the case goes to trial.

How do high-profile defense lawyers advocate for their clients?

Seasoned criminal lawyers who handle high-profile criminal cases help defendants with additional challenges. Some of the ways skilled defense lawyers help represent defendants in high-profile cases include the following:

• Being your voice with the police, the prosecutors, the media, and with everyone interested in you and your case. You have no obligation to speak with any of these people or entities. At Drew Cochran, Attorney at Law, we can speak to these people on your behalf. You have the right to focus on your defense. We can address the criminal issues in your case. We can also address the high-profile issues in your case, including working to mitigate the impact of negative publicity through lawful and ethical measures.
• Helping you with any trauma. We understand how even minor charges can be stressful and upsetting. The psychological trauma can increase if many people are following your case. We can help you understand step-by-step what to expect during each phase of your case. We can help you stay connected to your family and loved ones during your case.
• Responding to negative stories. Sadly, in many high-profile cases, the press and parts of the public aren’t interested in justice. They’re interested in what sells. They’ll highlight every character flaw, every piece of evidence, whether the evidence would be admissible in court or not, and every person who may not like you. We understand when and how to respond.

Your right to a fair trial

One of the leading concerns with high-profile cases is a defendant’s right to a fair trial. The Sixth Amendment specifically states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Your right to a fair trial may be jeopardized if pervasive pretrial publicity makes it unlikely that an impartial jury can be seated, even after thorough voir dire. Jurors should be able to decide your case based on the law that the judge explains to the jury members and the presentation of evidence in the courtroom. Jurors who have a bias due to pre-trial publicity may not be able to disregard everything they’ve already heard.

Between TV, radio, podcasts, and social media, some high-profile defendants may not be able to obtain a fair trial in the county where the case is being tried. Experienced defense lawyers may seek a change in venue (a change in which county in Maryland hears your case) to help protect your right to a fair trial. Experienced criminal lawyers may also, in limited and legally justified circumstances, seek remedies, such as restrictive orders or, in rare cases, juror sequestration, subject to strict constitutional and judicial scrutiny.

Remember — Keep Calm, and Call Drew.

Attorney Drew Cochran has more than 20 years of experience representing defendants in most types of criminal cases, from minor infractions to felonies. To speak with an attorney who can assert the legal defenses that apply to your case and fight to protect your rights, freedom, and reputation, contact Drew Cochran, Attorney at Law, to schedule a consultation. We can meet clients who are in custody when necessary.