A/N: This chapter includes aspects of of law in the muggle world and I have translated it to the magical world. I am not an expert, nor do I pretend to be. What I know came from a class in college and the lovely internet. All mistakes are mine.
Disclaimer: All canon characters, plot, and situations from the Harry Potter series belongs to JK Rowling. I am not profiting from this work.
Hermione awoke the next morning her head pounding, cursing herself for finishing off the bottle of wine the night before. She groaned realizing an arm securely fastened over her middle. It tightened as she attempted to wriggle free.
Opening her eyes, she was surprised to see that she was in the bedroom. The last thing she remembered from the night before was dozing off on the couch. Looking next to her, Colin laid there face down with a pillow over his head obviously awake, but unwilling to succumb his eyes to the sunlight.
"Colin, wake up," she whispered, placing her hand on his back shaking him slightly. He opened one eye and groaned in response. She had hoped that he was faring better than her, but her assumption was incorrect. Removing his arm from her waist, she padded to the bathroom hoping to find a hangover potion. Looking in the medicine cabinet, she had no such luck. Knowing she had some in her overnight bag that she had left in the living room, she trekked down the stairs to the living room. Hiking the bag over her shoulder, she moved to the kitchen where to summoned two glasses and filled them with water. The hangover potion was God's gift to man, but the taste was less than favorable.
The stairs creaked as she made her way back up the stairs and into the bedroom. The bed was empty, and the bathroom door shut. She pulled out two vials of hangover potion and waited for Colin to come back into the room. Moments later, the door swung open and he ambled back to the bed collapsing onto it.
"That bad?" Hermione asked, laughing. She stopped and grimaced, the laugh increasing the pain of her headache. "Here." She handed him a vial of the hangover potion, taking the other for herself. She uncorked it and threw it back in one gulp, grabbing for the water from the bedside table to hopefully drown out the taste. She grabbed the other glass for Colin waiting for him to swallow the potion. Handing over the water, he gulped it down and collapsed back on the bed. Hermione felt the potion already working, her headache subsiding.
"Feeling better?" she asked.
He nodded and sat up once more. "Thank you. I don't usually drink wine, so the hangover was worse than normal."
"I love wine, but I agree. The hangover is the worst."
"What's the plan for today?" he asked, changing the subject.
"I figured we could continue our research from yesterday and start building your case," she told him. He nodded.
"Well let's get some breakfast and get to work."
They spent the morning rifling through the rest of the paperwork regarding Colin. They took a quick break for lunch where Hermione allowed her mind to rest, so it was fresh for the rest of the afternoon. Once they returned to the paperwork covered living room, Hermione got to thinking about the ins and out of the trial process. A trial in front of a Wizengamot was similar to a trial in the muggle world. To even try to persuade the Wizengamot and Head of the Wizengamot, the Minister of Magic, Kingsley Shacklebolt, they needed to prepare.
"Colin?"
"Hmmm," he hummed in response, not looking up from the paperwork in his hand.
"I think we need to practice for the trial before we start worrying about the other cases. I know a fair trial in front of the Wizengamot is very similar to a trial in the muggle world. Those who practice for the trials are often more successful than not."
"What do you mean practice? The only trials I have seen is where the accused has no representation and the Head of the Wizengamot states the crime, they vote and then the accused is shipped off to Azkaban," he said, his brow furrowed. "That is how my first trial went anyways."
"Well, that was hardly a fair trial now, was it?"
"True," he agreed. "Less than fair. Inhuman actually."
Hermione just gave him a look. "What do I need to do to practice for this trial then? I am not familiar with how it all works."
"You know, this is why there needs to be a combination class covering both muggle and magical studies," she said, the gears in her brain already putting together plans for her next project.
"Yeah, yeah, yeah. One project at a time cupcake. Just tell me what we need to do."
"Alright so for all of this to make sense, I will explain all the details of a typical trial first." Colin nodded his head in understanding.
"So in a fair trial for a criminal case, there is the prosecution, which is the Ministry in this case, and the defendant, which is you," Hermione started. "The first thing that happens is an opening statement for both parties. The attorney representing the Ministry first will present their opening statement first, then the attorney representing the defense will do the same. After—,"
"Wait, what do you mean 'attorney representing the defense will do the same'?" he said, almost in a panic tone.
"I can't represent you."
"What?!" he shouted. "Why the hell not?"
"I am not a qualified lawyer. Just like in the muggle world, one must go through proper schooling before becoming a lawyer. After going through schooling and passing an exam, an offer is usually made by the Magical Law Enforcement to join their team," she explained. She grabbed his hand. "I would if I could."
"Aren't you friends with the Minister? Can't he make an exception for you?" he asked, apparently desperate to find a way to have Hermione represent him.
"Didn't you just give me a lecture yesterday about corruption inside the Ministry?"
His face turned red, and he looked down at the floor. "You're right. But how are we going to find someone who wants to represent ME!" he said, emphasizing the last word. Hermione knew he was convinced that no one in their right mind, besides her of course, would want to champion a known Death Eater, no matter how innocent or guilty her claimed.
"We will find someone, I promise. Now, shall we get back to the logistics of the trial?" She wanted to change the subject as quickly as possible, hoping to get his mind off of the idea of someone else representing him.
"Okay, but don't think I don't know what you are doing. We will need to talk about different lawyers later."
She stuck her tongue out at him, hoping to diffuse more of the tension that had gathered in the last few minutes. "You caught me. But seriously, we need to focus."
He gestured to her notes, and she continued where she had left off before they got side-tracked.
"Okay, so after the opening statements by both parties' lawyers—" Hermione started, but was interrupted once more.
"Wait, wait, wait. You're going to have to explain this more in depth. I never studied law. What all is encompassed in an opening statement?"
"Right, sorry. I'm getting ahead of myself. The purpose of an opening statement is to outline the facts of the case to the Wizengamot and what each side will attempt to establish through the presentation of evidence. So each side will claim different things are facts and what they believe is the truth."
"So then all this evidence is presented I assume to prove our case?"
"Correct. After the opening statements, both sides will be given a chance to present relevant evidence. The prosecution will go first and present all of the evidence that supports his contentions followed by the defendant's attorney who presents his evidence," Hermione explained.
Colin pointed to all of the paperwork currently surrounding them. "What all is considered evidence? Are we allowed to use everything here?"
"It depends. As long as all of the evidence is in the form of a written document, an object, a photograph, or an x-ray. Although most evidence will be presented in the form of spoken testimony of witnesses who have taken an oath to tell the truth."
"So, Avery could get called to the stand?"
"He could. It would be ideal to have him there in person, rather than just a deposition from him. I'll have to see what I can do about that," she said, taking down a note to speak with Kingsley about the situation.
"But back to the evidence part of the trial. Our attorney would most likely be the first one to call on you to answer questions. It's called direct examination. Usually, these are questions to help your case and clarify anything the Wizengamot might be confused about it."
"Seems easy enough. Is that what you wanted to practice?"
"Yes, but what we need to focus on is the cross-examination. There are two types of cross-examination —constructive and destructive. The attorney for the ministry will most likely try to use constructive cross-examination before morphing into destructive. With destructive cross-examination, their goal will be to destroy or at least, seriously hurt your credibility. Their goal is to establish immediate control over you and in the minds of the Wizengamot."
"How do they establish that control?"
"Unfortunately they usually ask only leading questions or questions that require only a yes or no answer. The point of their cross-examination is to argue their side of the case."
"How will I ever try to explain myself then?"
"Hopefully, you can barge in a couple of words here and there other than yes or no. Just in case, I will work with your lawyer to make sure during your direct examination, we are asking the right questions. However, I think with our evidence everything will be okay."
"This just makes me extremely nervous," Colin admitted to her.
"As it would anyone. But during that cross-examination, it is important that you keep your cool. It could ruin your entire case if you let your temper show."
"Now that will not be easy, especially if the lawyer gets in my face. Is there anything left in the trial after the presentation of evidence?"
"That is why we will practice so that you know what to expect. And yes, there are few more aspects of the trial after that. Next are the closing arguments. Like the opening statement and evidence, the prosecution will go first followed by your attorney. The closing arguments are where the evidence and testimonies are summed up, and the attorneys try to persuade the Wizengamot to find favor for their side," Hermione explained, as she rose from the floor.
"And that's it?"
"Pretty much," she said, nodding, now pacing in front of the fire. "After the closing arguments, the Wizengamot will leave the room to deliberate the case. Kingsley, as the Minister of Magic, will preside over the discussion to make sure it's carried on in a free and orderly manner. Every member of the Wizengamot will have an opportunity to speak. Then they come back into the courtroom after deliberation and Kingsley states the Wizengamot's decision."
"How long does that normally take?"
"Just depends. It could be minutes, hours, even days."
"Days?" he asked her. She nodded in response. She could tell that he was almost horrified by the idea that he could be locked in a ministry prison cell for several days while the Wizengamot deliberated.
"Come here," she said, walking towards him. He stood up and she wrapped his arms around his middle. They might have only met yesterday, but she felt for him. He was a lost soul and her heart was reaching out to him.
"Hopefully it won't be that long," she said, her voice muffled from her mouth being against his shirt. "I hope they are sympathetic toward you and realize none of this was your fault."
"I hope so too," she heard him whisper. They stood there for a while until he pushed her away, so she was an arm's length away.
"How about a snack and then we can start practicing?" he asked her. She smiled. "That sounds perfect." As he left for the kitchen, Hermione stretched her limbs. They were sore from sitting on the ground cross-legged the last few hours explaining the logistics of a trial.
Colin returned moments later with tea and crumpets with honey.
"Crumpets? How did you make those so quickly?" she asked, as he set the tea and crumpets on the coffee table, not bothering to move any papers out of the way.
"It's a secret!" he said, laughing. "I could tell you, but then I'd have to kill you." Hermione laughed with him. She would have never expected him to quote Sherlock Holmes from The Hounds of Baskervilles, but she realized she didn't know a lot about him. But she wanted to.
She wanted to know more about him. She wanted him to delve down into the deepest parts of his soul and share his secrets.
"What do you like to do for fun?" she asked, curious about what hobbies the ex-death eater enjoyed.
"What do I do for fun?" he said, repeating her question back to her. She rolled her eyes.
"That's what I said, Colin." She laughed.
"I guess I don't know anymore," he admitted. Hermione's face immediately fell and her laughter subsided.
"I'm sorry," she murmured, lowering her head. She had temporarily forgotten that he had spent a significant amount of his life locked behind bars and at the mercy of the Dementors. He was someone who had lost himself over the years and never really found the person he used to be again.
"Hey, cupcake. Don't be sorry. It's not your fault."
"I know," she said, close to tears. "I just feel bad. You had to unwillingly participate in a war and serve a man who killed your parents."
"How about this? I am interested in potions; I was always quite good at it. I also enjoy reading, but not this," he said gesturing to law books spread across the floor. "I enjoy fiction writing. The people I used to call friends would rip me apart if they knew this, but especially muggle fiction."
"Really?" Hermione asked, smiling once more. "What is your favorite?"
"Have you ever read Cross Stitch?"
"No way! That is one of my favorite books! The entire series is bloody brilliant! Historical Fiction is one of my favorite genres. But how did you get it? It was published when you were still incarcerated," Hermione spewed out, forgetting to breathe in her excitement.
"Azkaban was horrible, but to keep us quiet and from fighting they gave us books. They thought it would punish us more to give us books that were written by muggles. Most didn't touch the books they were given, but I didn't mind. It kept my mind mostly sane instead of succumbing to the Dementors," he told her.
"That's…." she paused trying to find the right word.
"Horrible, but great at the same time?" he supplied.
"Exactly," Hermione agreed. "Now as much as I would love to continue discussing books, we will never accomplish what we need to because I could go on forever. Let's practice the direct examination first."
"Alright. Tell me what you need me to do."
"One second," she said, running towards the kitchen. She grabbed the closest kitchen chair and dragged it back into the living room.
"Sit here," she commanded. Colin looked at her curiously but complied. For the next few hours or so, Hermione and Colin practiced and perfected direct examination. She believed it to be the easiest of the two, cross-examination more likely to rile up Colin and allow his temper to show. They were going to have to work at that if they wanted to prevent that from happening in front of the Wizengamot.
"Do you need a break or should we continue into cross-examination?" Hermione asked.
"Let's keep going. If I take a break, I'm less likely to want to continue later," he admitted but stood up to stretch before sitting back down in the chair.
"Understood. Now, do you remember what I told you about cross-examination?"
"Cross-examination is where the prosecution will try to prove their side of the case. I need to keep my cool, or it could ruin my credibility even further."
"Correct. Let's get started," Hermione said, summoning the correct paperwork to her fingertips. She glanced down quickly before getting into character. She was going to have to be gruff and intense for Colin to honestly feel how it would be when he was on the stand. If he didn't feel it was real enough, he might falter when the trial was happening. It could be detrimental to their case if he wasn't properly prepared.
They spent the rest of the afternoon practicing cross-examination, and it was taking a toll on both of them. They were both growing frustrated, unable to keep their cool.
"Can we stop now? Each question is further boiling my blood. I feel like I'm going to explode at any second."
Hermione looked at her watch. "We have been going at it for several hours. I'm getting a bit frustrated too. Why don't we take the rest of the night off and start back up again tomorrow?"
"Sounds wonderful," he said, almost sarcastically. Hermione watched as he stomped off toward the kitchen. He returned moments later with firewhiskey in his right hand, two tumblers in the other.
"I figured we could both use a pick-me-up," he said, setting the two tumblers on the coffee table, pouring two generous portions. "Cheers."
"Cheers," she responded, as she wasted no time in throwing it back. As her head came forward again, she saw that Colin was pouring himself another.
"Better fill mine up too," she said. This time, she took a seat on the couch and nursed the drink rather than swallowing it in one go. He lounged next to her, their knees slightly touching.
She laughed. "You know we probably shouldn't get drunk every night."
He lifted his eyebrow at her. "Why not?"
"Well…I should say it's because we need our brains functioning at full capacity, but to be honest, I just don't have enough hangover potion to last us."
He laughed. "Oh, cupcake. You're not as tightly wound as you lead people to believe."
She flashed him a wicked smile. Her sharp tongue and witty mind were just a few of her favorite attributes. She kept it professional in public and usually only those closest to her got to see that side of her.
"You're dangerous."
She nodded. "Just you wait and see."