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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 September 17, 2018

10 Reasons Why You Should Get Naked More Often

10 Reasons Why You Should Get Naked More Often

Getting naked is often thought of as an act that should only be reserved for intimacy—and even then some get squirmy! Many people are more comfortable believing that the more clothes you are wearing the better. However, getting naked more often can have great benefits for you. Here are 10 great reasons to get naked more often:

1. It burns more fat.

Your body’s main supply of brown adipose tissue (BAT), or good fat cells, are located around your shoulder blades and neck. When your body is exposed to the elements and is cooler, the BAT proliferates and essentially kills the white adipose tissue, aka bad fat cells. So, not wearing any clothes helps promote this and makes you healthier.

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2. You’ll become comfortable with who you are.

Self-acceptance is hard to come by today. Ask anyone you know and see if they are happy with themselves. Chances are they will say they are too fat, not pretty, and find all of the flaws that they can. In reality, others do not see this. They see that you are beautiful. When you begin to get naked, you learn to appreciate your body and realize how beautiful you really are.

3. It saves you money.

Being naked more often saves on buying new clothing since you are wearing nothing a lot of the time. Be careful when you are in public, though—you may have to put on some clothes!

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4. It increases your immune system.

Being naked and getting exposure to the sun’s rays actually increases your body’s vitamin D levels. Vitamin D is directly related to your immune system. When you have optimal levels of vitamin D, your body’s immune system is impeccable, and you will be better equipped to ward off viruses, including the common cold and flu. So go lay outside naked on your private balcony or in your yard.

5. It makes you face your fears head on.

People cringe today when you mention the words “get naked.” They are so afraid of it—and today’s children are so ingrained with this—that they must wear layer upon layer to deal with their body image. However, when you are naked, you face your fears of body image and self-acceptance, experiencing some of the best moments of your life.

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6. You will feel better in your clothes.

When you do wear clothes (because not everyone has yet accepted being naked in public), you will start to choose clothing that accentuates the parts of your body that you love. You will begin to notice that maybe that muumuu does not flatter your beautiful curves and start wearing clothes that you love.

7. You will embrace vulnerability.

When you put yourself out there, it is a natural reaction to have fear and worry. However, this is an opportunity to embrace being vulnerable. It allows you to think and get down to the core of what really matters and what is of importance to you. When you strip away all of the excess, you are 100% you and willing to take on anything that comes your way.

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8. You will show the world the real you.

Today, we have many ways of altering our appearance from our true body image when we wear clothing. Some people alter their image so much that they fear getting naked with the person they love. It seems crazy that this could even happen; however, the rise in use of breast-enhancing bras and Spanx products has put this idea into people’s minds. This all goes back to being comfortable with your true body image. If a person really does love you, then they should not love you based upon your image. If they do, then you may even decide that the ever-so-uncomfortable leggings that go up above your waist to hold in all of the imperfections may not be worth it after all.

9. You will have fun.

Well, this could go in all sorts of directions. But when you are comfortable with your naked body and see it as being flattering, then life is more fun. You start realizing that you are beautiful and are willing to do more things that you probably would not have done otherwise—with and without your clothes on.

10. You can have intercourse with the lights on.

Many people are self-conscious about the way they look and decide that the less lighting the better when they are intimate with their partner. It’s nothing new. If you survey your best friends, you will probably come to this conclusion too. They may say that it even gets awkward, because they are more concerned with what their partner thinks of their body than just having and enjoying amazing intercourse. When you love the way you look naked, you will also want to have your partner see you at your best.

What are you waiting for? Start spending more time in the buff today and begin to change the way you think about your body.

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