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Ask this ONE Questions Before You Hire a Defense Attorney

Ask this ONE Questions Before You Hire a Defense Attorney

“How many cases have you taken to ‘jury trial’ in the past five years?”

It is a simple question that a lot of lawyers may not be happy to answer. Some may avoid it, some may question you as to why that is important, and some may make some excuse for why they don’t actively take cases to trial.

However, don’t be fooled, this question is an excellent starting barometer in determining whether the lawyer you are interviewing/hiring is actually worth the money you are paying them. Of course, there will be lawyers who take cases to trial but don’t know what they are doing. However, over a five-year period, if they have had at least a couple trials per year, they should at least pass the test of this initial threshold question.

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Most people are surprised to learn that the majority of lawyers go years without taking a case to jury trial; that statistic in itself is troubling. In a five-year period, a lawyer who is a competent and zealous advocate for his/her clients is going to run into a few trials; there is no way around it. Any criminal defense lawyer who knows what he or she is doing will tell you that. Here is why:

Plea Bargains Aren’t Always a Bargain

When you are charged with a crime, the state has made an initial determination that they wish to prosecute you. From there, you and your lawyer are entitled to “due process,” meaning that your case gets a fair shake through the court system. Your lawyer will obtain the police reports and all other evidence associated with your case.

Depending on the severity of the charge, the prior criminal history of the defendant, the available range of punishments for the charge, the strength of the case, and last but not least, the general attitude of the Prosecutor’s Office in the county where the defendant is charged, the prosecuting attorney may extend an offer of a plea bargain. A plea bargain is a prearranged punishment in exchange for your plea of guilty to the charge (or oftentimes to an amended lesser charge). However, a plea bargain is not always rainbows and butterflies; not only is it a plea of guilty to a crime, it also can include prison time and other court sanctions, not to mention the stigma attached to admitting guilt in that crime.

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Any lawyer who doesn’t go to trial at least a few times per year, by default, ALWAYS PLEADS HIS CLIENTS GUILTY. It’s almost impossible to imagine a scenario where a criminal defense lawyer wouldn’t come across a single innocent person or a single person who wanted to challenge the charge against them. Yet, this is the reality that pervades the criminal defense industry.

A Trial Has Its Benefits

Additionally, there can be GREAT value in going to trial, like winning. For example, say the defendant is charged with murder in the first degree and using a deadly weapon. The defense is that although the defendant did in fact shoot the victim, it was in self-defense. The prosecutor has already made the determination that they are proceeding that it was not self-defense, or else the defendant wouldn’t be on trial. If the defendant entered into a plea bargain, they would be pleading guilty to something, and at the very least they would be on probation, but most likely they would receive a conviction and a prison sentence.

In that scenario, had they gone to trial and explained to the jury that it was self-defense, they could have been acquitted of the charge outright and free to go about their life as usual.

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Another value in having a lawyer that takes cases to jury trial can be explained with this example: A defendant is charged with a medium-severity offense. The case against the defendant is “OK,” but it is going to be hard for the prosecution to prove beyond a reasonable doubt to a jury that the defendant is guilty.

Maybe there isn’t a good identification of the suspect, or maybe the evidence as to one of the elements of the crime is weak. In many scenarios, your lawyer can calculate what may happen if you go to trial and lose. If the judge isn’t likely to sentence you to anything worse than what the prosecutor’s plea bargain offer was before trial, then there is value in taking a shot at being acquitted at trial.

Hiring a Fighter Might Get You a Better Deal

Furthermore, there may also be value in going to trial because the prosecutor may be more inclined to make a better offer or to dismiss the case altogether rather than go to trial and lose. There is no risk of the prosecutor losing at trial if he or she is facing a lawyer who always just pleads clients guilty. Therefore, the defendant is ill served by that lawyer’s reputation for avoiding jury trials.

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Ultimately, even the top lawyers who take lots of cases to trial still end up pleading out most of their cases. However, those plea bargains are going to be routinely better if prosecutors know that the defense attorney is capable of beating them, and in fact has beaten them in the past at trial. Regardless, hiring your attorney is an important decision, and you shouldn’t be hiring a lawyer who can’t or won’t try your case if it comes to that.

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Alex Wolk

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Last Updated on July 18, 2019

10 Small Changes To Make Your House Feel Like A Home

10 Small Changes To Make Your House Feel Like A Home

Your house is more than just a building that you live in. It should be a home that makes you feel welcome as soon as you open the front door.

Making your house feel like a home is not something that simply happens on its own. You need to make some changes to a house when you move in, to give it that cozy, warm feeling that turns it into a true home. To help you speed the process, follow this guide to 10 small changes to make your house feel like a home.

1. Make the Windows Your Own

When you move into a home, they often come with boring Venetian blinds or less than attractive curtains.

One of the best ways you can instantly warm your home and make it showcase your style is to add some new window dressing. Adding beautiful curtains not only improves your home’s appearance, but it can also help to control the temperature.

2. Put up Some Art

If you have a lot of bare walls in your home, it will seem sterile no matter how beautiful your paint or wallpaper is.

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Hanging art on the walls will instantly give it personality and make it feel like home.

3. Improve the Aroma

A house that is not filled with inviting smells will never feel like a home. There are loads of ways you can make your home smell nice. There are tons of air fresheners on the market you can use.

Incense and scented candles are a nice option as well. Don’t forget that baking in a home is also a great way to fill it with an aroma that instantly smells like home as soon as you open the front door.

4. Put out Lots of Pillows and Throws

A great way to make your home look warm and inviting is to place lots of pillows and throws out on the furniture. It is much better to have too many pillows than not enough.

There is nothing like the feeling of sinking into a cushiony pillow that feels like a cloud to make you feel like you are at home.

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5. Instantly Class up Your Closet

If your closet is filled with wire or plastic hangers, it will never truly feel homey. To instantly make your closet feel classy, change out your old hangers for wooden ones.

Not only do they look great, but they are better for hanging your clothes as well.

6. Improve Your Air Quality

One of the most overlooked ways to make your house feel more like a home is to improve its air quality.

The easiest and best way to upgrade the air quality in your home is to change the old, dirty filters in your furnace regularly. Get some air filters delivered to your home so that you always have some on hand.

7. Fill it with Plants

Another way to improve the air quality in your home is to fill it with plants. You should have plants in every room of your home.

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They help to improve the air quality and they look beautiful. As well as making your home appear homier, plants also help to boost your mood and lower your stress levels.

8. Change the Doorknobs

Most people don’t really give their doorknobs a second thought unless they are broken. That is a shame because changing your doorknobs is an easy way to add personality to your home.

Changing your old, boring doorknobs to new ones that are works of art will instantly brighten your home.

9. Upgrade Your Tub or Shower

There is nothing like luxuriating in a whirlpool bath or steam shower to make the cares of the day melt away. Your family deserves a bit of luxury when they are in their bathroom.

Install a new shower or tub today to make your bathroom worthy of a place in your home.

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10. Fresh Cut Flowers

You can make any room in your house feel homier by placing a vase full of beautiful flowers in it. The gorgeous look and intoxicating aroma of fresh cut flowers will immediately brighten your day when you encounter them.

You don’t have to make all these changes at once. Try one or two a day though, and your house will feel like a home before you know it. The trick is to constantly keep adding these homey touches to make your home a place worthy of its name.

Featured photo credit: https://www.pexels.com/photo/black-wooden-round-analog-wall-clock-on-brown-wooden-wall-121537/ via unsplash.com

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