Pretrial publicity can help or hurt defendants. It comes in many forms, such as television, on the internet, newspapers, mail or press conferences. Publicity can bring harm or benefits. Many tactics can be used to minimize pretrial publicity and its effects.

Creating Pretrial Publicity

Most people won't try to create pretrial publicity if charged with a crime. It's a tactic seen in high-profile cases. However, the internet and other media outlets open up possibilities for almost anyone. Those with enough money can hire a public relations firm, take out newspaper ads, and even send direct mailings out. Web sites are low-cost and can draw comments and debate on the charges. Positive publicity can impact jurors, counteracting negative reactions linked to the charges.   

Harmful Pretrial Publicity

Pretrial publicity can harm a defendant's case. Harm is caused by:

  • Giving potential jurors information they might not see at trial 
  • Giving potential jurors incorrect information
  • Linking someone to the crime
  • Exposing potential jurors to opinions or editorials on guilt
  • Spreading details on someone's criminal history or personal background that wouldn't come out at trial
  • Creating emotions in potential jurors, prompting them to find someone guilty 

Negative pretrial publicity can do harm even if there's no conviction. For example, damage to someone's business reputation. A celebrity could lose public appeal and endorsements.

Another concern is that pretrial publicity will expose potential jurors to inadmissible evidence. For example, the media might discuss evidence that won't be used at trial because it was illegally obtained. Or scientific tests, such as lie detector results later proved unreliable. Media reports on someone's past are common, but may not be allowed as evidence.

Fighting Adverse Publicity

There are several ways to fight negative pretrial publicity. The defense can file court motions to:

  • Change venue or the place of the trial 
  • Continue the case until later 
  • Limit press access 
  • Sequester the jury 

How do these strategies help? Changing venue moves the trial to another location. This can help if the media exposure wasn't widespread. A continuance delays the trial, and gives time to diffuse emotions. Limiting press access reduces media coverage. Sequestering the jury shields them from news coverage of the case.

Questions for Your Attorney

  • Have you ever been involved in any high profile cases?
  • What can I expect if the media starts broadcasting information about my case?
  • Will I have a chance to counter negative things said about me in the press?