Stuart & Ward LLP partner Joshua D. Amos was qualified as an expert witness in the field of criminal defense by an Arapahoe County judge under Colorado Rule of Evidence 702, and testified regarding the standard of care for pretrial investigation. The party that called him prevailed.
What Rule 702 Qualification Means
Colorado Rule of Evidence 702 allows a witness with specialized knowledge, skill, experience, training, or education to offer opinion testimony where that testimony will help the finder of fact understand the evidence or decide a fact in issue. Qualification is not automatic. The judge evaluates the proffered expert’s background and the reliability of the opinion before permitting the testimony.
Being qualified as an expert in criminal defense means a court has accepted that an attorney’s experience is substantial enough to inform what competent representation requires.
Why Pretrial Investigation Is the Standard, Not the Exception
Most criminal cases are decided long before a jury is seated. The work that determines an outcome happens in the months between filing and trial: locating and interviewing witnesses the state never spoke to, obtaining records the prosecution did not gather, retaining experts to review forensic evidence, visiting the scene, and identifying the constitutional issues that support a motion to suppress.
That work is not optional. Effective assistance of counsel under the Sixth Amendment requires independent factual investigation, and a defense built only on the state’s discovery is a defense built on the state’s version of events.
The practical consequence is straightforward. A case that has been investigated is a case that can be tried, and a case that can be tried is a case the prosecution has to evaluate honestly. Investigation is what creates leverage, whether a matter ultimately resolves by negotiation or in front of a jury.
How Stuart & Ward Approaches Investigation
Every attorney at the firm began their career at the Office of the Colorado State Public Defender, where the volume and seriousness of the caseload made independent investigation a habit rather than a special measure. That approach carries into the firm’s work today. We prepare cases as though they are going to trial, because that is the only posture from which a defense has real weight.
If you are facing criminal charges in Colorado, call (303) 832-8888 or request a free consultation.