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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 January 14, 2019

7 Ways To Make Exercise Fun For Everyone

7 Ways To Make Exercise Fun For Everyone

From Atkins to Paleo to eating gluten-free despite not being one of the rare few people afflicted with celiac disease, fad diets are everywhere. It drives me crazy because I believe these diets do more harm than good. Your body is made up of a variety of vitamins, nutrients, and minerals, and losing weight healthily isn’t possible when you fill your body with unnecessary synthetic plastics, sugars, and powders. There’s no easy button in life.

What you need to do is exercise, which isn’t very appealing to many people. Workouts take work, so there’s already a stigma involved in going to the gym. Starting a healthy workout regimen becomes easier when you make it fun. If you want to live long and prosper, get off the couch and try these methods to turn your workout into a playout.

1. Take the scenic route.

Walking is an easy way to transition to a healthy lifestyle, and it’s free. Not only do you burn calories (check out this calculator for how many calories you burn based on your weight), but you see the world in a different way. Hiking in nature is great if you have access to it, but don’t let living in an urban area deter you from walking.

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Whenever I’m creatively stuck I get my head straight by walking a couple of miles. It’s also how I discover new paths, meet new people, and stumble upon hole-in-the-wall spots I never would have found otherwise. You could drive past the same place every day and never appreciate the beauty, nor even notice it’s there.

2. Distract yourself.

No matter what exercise routine you choose, use the time to meditate. You may wonder how marathon runners are able to put so many miles on their bodies. It’s because the pain from running that you avoid is something they’ve learned to harness to enter a transcendental state. If you’re aware of the benefits of meditation and exercise but don’t have time to do both, you can combine them, killing two birds with one healthy stone.

3. Listen to music or podcasts.

There are few experiences in life more pleasurable than turning up the music and drowning out the world around you. With so many podcasts and music apps available on your smartphone, you can easily find entertainment options perfectly suited to your personal tastes. Never worry what people may think of you when working out;instead, crank up the volume and get lost in your own world. You’ll be in shape before you know it.

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4. Bring a friend.

Some people can’t go anywhere alone. While I highly recommend dining out and seeing a movie in a theater alone, having company while exercising is very helpful. It allows you to pace yourself with someone else, and gives you a coach to motivate and push harder than you may have on your own.

Many exercises are safer when done with a friend, and some sports can only be played with another person. Involving others in your goals can mean the difference between success and failure. Just remember to continue exercising if the other person flakes, or they’ll be in control of your health.

5. Accessorize.

There are accessories that can make exercise easier, and sometimes buying a new toy can add some much-needed fun to your routine. With apps like RunKeeper and Nike+, your smartphone is capable of tracking your vitals and progress. Wrist weights can add a new dimension to your workout, and, if you exercise at night, a headlamp can help you see what’s in front of you so you don’t trip.

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For urban runners and power-walkers, one of the biggest obstacles is other people. It’s difficult to get in your meditative zone and enjoy your music when you constantly have to dodge people. To resolve this vexing issue, Runbell, a startup in Tokyo, has developed the runner’s version of the bicycle bell. With this lightweight brass bell warning people you’re approaching from behind, you’re free to maintain your transcendental state while continuing your workout. Head to their Kickstarter campaign to pledge your support.

6. Compete.

A little healthy competition can motivate you to push yourself further in your workout regimen. There are apps like Zombies, Run! which turns your run into a video game, and MyFitnessPal which allows you to connect with others in the exercise community. Whether you’re directly competing with a friend, an online community, or against your previous self, setting goals is the key to reaching them. Running with no destination can feel like an impossible task, and it’s easy to get distracted.

7. Relax.

The best part about exercising is how much you enjoy the downtime. If you think laying on your couch all day is enjoyable, it has nothing on that hour you spend as a couch potato after a rigorous workout. Jay-Z said it best, “in order to experience joy, you need pain.” The harder you push yourself while exercising, the better you’ll feel when you’re relaxing.

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With that said, don’t relax too much, or it loses the effect. It’s okay to indulge every so often. Treat yourself to some junk food you’re craving, imbibe a drink here and there, and spend a day vegging out on your couch. Staying healthy doesn’t have to be torture. Just turn down when you can and dedicate some time to better the health of your body. You only get one.

Featured photo credit: tpsdave via pixabay.com

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