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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 May 15, 2019

How to Tap Into the Power of Positivity

How to Tap Into the Power of Positivity

As it appears, the human mind is not capable of not thinking, at least on the subconscious level. Our mind is always occupied by thoughts, whether we want to or not, and they influence our every action.

“Happiness cannot come from without, it comes from within.” – Helen Keller

When we are still children, our thoughts seem to be purely positive. Have you ever been around a 4-year old who doesn’t like a painting he or she drew? I haven’t. Instead, I see glee, exciting and pride in children’s eyes. But as the years go by, we clutter our mind with doubts, fears and self-deprecating thoughts.

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Just imagine then how much we limit ourselves in every aspect of our lives if we give negative thoughts too much power! We’ll never go after that job we’ve always wanted because our nay-saying thoughts make us doubt our abilities. We’ll never ask that person we like out on a date because we always think we’re not good enough.

We’ll never risk quitting our job in order to pursue the life and the work of our dreams because we can’t get over our mental barrier that insists we’re too weak, too unimportant and too dumb. We’ll never lose those pounds that risk our health because we believe we’re not capable of pushing our limits. We’ll never be able to fully see our inner potential because we simply don’t dare to question the voices in our head.

But enough is enough! It’s time to stop these limiting beliefs and come to a place of sanity, love and excitement about life, work and ourselves.

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So…how exactly are we to achieve that?

It’s not as hard as it may seem; you just have to practice, practice, practice. Here are a few ideas on how you can get started.

1. Learn to substitute every negative thought with a positive one.

Every time a negative thought crawls into your mind, replace it with a positive thought. It’s just like someone writes a phrase you don’t like on a blackboard and then you get up, erase it and write something much more to your liking.

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2. See the positive side of every situation, even when you are surrounded by pure negativity.

This one is a bit harder to put into practice, which does not mean it’s impossible.

You can find positivity in everything by mentally holding on to something positive, whether this be family, friends, your faith, nature, someone’s sparkling eyes or whatever other glimmer of beauty. If you seek it, you will find it.

3. At least once a day, take a moment and think of 5 things you are grateful for.

This will lighten your mood and give you some perspective of what is really important in life and how many blessings surround you already.

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4. Change the mental images you allow to enter your mind.

How you see yourself and your surroundings make a huge difference to your thinking. It is like watching a DVD that saddens and frustrates you, completely pulling you down. Eject that old DVD, throw it away and insert a new, better, more hopeful one instead.

So, instead of dwelling on dark, negative thoughts, consciously build and focus on positive, light and colorful images, thoughts and situations in your mind a few times a day.

If you are persistent and keep on working on yourself, your mind will automatically reject its negative thoughts and welcome the positive ones.

And remember: You are (or will become) what you think you are. This is reason enough to be proactive about whatever is going on in your head.

Featured photo credit: Kyaw Tun via unsplash.com

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