This is an important question because, many times, people don't want to plead guilty. They don't want to go to federal prison and serve 85% of the time, and the bottom line is that they feel like they've done everything right.
So, they're thinking about taking their case to trial, and obviously, the short answer to that question is, you take your federal criminal case to trial when you have a good chance of winning. To give readers a better understanding of when you should take your case to trial, our federal criminal defense attorneys are providing an overview below.
You don't want to take a trial to lose because then you'll lose many benefits that you can obtain by working out a plea bargain. You receive three levels of recognition for acceptance and responsibility. A lot of times, you're not going to have to plead to all the charges. You just put yourself in a much better position not to get some huge sentence if you work out a deal with the government.
However, the bottom line is that you shouldn't have to negotiate a deal with the government if you're innocent. So, you really need to huddle up with your criminal defense attorney and talk about all the evidence the government has against you, the tactics they're going to use to try to convict you, the defenses you have to that evidence, and the evidence that you can bring to bear.
Then, you must have a sincere discussion with your attorney and listen to their advice. I tell people what I really think. I give them an idea of how I think the prosecutors might be able to beat them, and I give them an idea of how we might be able to beat the prosecutors. Often, it comes down to the criminal defendant.
In other words, I would say, ' Listen; your testimony is crucial for our success in the case. ' If your testimony is solid, makes sense, and is believable and credible, then we stand a good chance of winning this thing. Your role in the trial is not only important, but also integral to our defense strategy. Your active participation and credibility can significantly influence the outcome of the trial.
On the other hand, if it sounds like you're not telling the truth, you're not giving all the information, you're not credible, and you say something that the jury doesn't believe, then I'm going to say it's probably not a good idea to go to trial. Your credibility is paramount in the trial process, and we need to ensure that you present yourself in the best possible light.
Reviewing The Strength of Evidence Against You
Then we will also examine the factors to consider when evaluating whether to hold a jury trial in a federal case, including the strength of the evidence against you. In other words, who's going to testify against you? What's the government going to say? What's their argument going to be?
I challenge prosecutors all the time because I want to hear what they have to say when I tell them, 'I think your case could be stronger. ' How are you going to prove this thing against my guy? You've problems in these areas.
Then I shut up and listen, and I'm going to get something back. Trust me. If they've filed the case and they're on it, and these guys are sophisticated, they're going to come back and give me an idea of why they think they can win the case.
I'm going to take that information back to my client and say, This is what they're saying. This is how they're going to attack you.
Here's the evidence they have to support their claim. Here's how we will respond with our evidence. Then, my client and I must thoroughly evaluate every aspect of the case. We leave no stone unturned in our comprehensive evaluation, ensuring that we have considered every possible angle and piece of evidence.
Once the jury hears both sides, what will they do? In other words, we've got the presumption of innocence on our side, but the government has probably spent considerable time and energy investigating the case. They wouldn't have filed it if they didn't think they had some good evidence against you.
So, we really need to look at that evidence from a common-sense standpoint and say, okay, what are the jurors going to do? Are they going to believe us? Are they going to believe them? What evidence helps us? What evidence hurts us?
Reviewing the Credibility of Witnesses
If they've got evidence that hurts us, is it going to be enough to convict you? If they've evidence that hurts us, can we refute it? Can we attack it? Can we challenge the credibility of a witness that the government is trying to use against you?
These are the types of things you have to evaluate whether or not you're going to take a case to trial and win. I don't want to go to trial if we're not going to win because I'm not going to suffer the consequences. If we lose, you could face a significant sentence and other legal repercussions. This is a risk we need to consider carefully.
My client is. So, I'm looking at this from the perspective of either winning it or going to trial, assuming you can win the case and beat the government. Often, we can do that, but we need to have the evidence and present it correctly. Our commitment is in your best interest, and we will do everything we can to secure a favorable outcome for you.
We need the right strategy and will do everything possible to achieve that result, so you don't face the alternative: a federal judge sentencing you after you failed to resolve the case with the government.
Remember, the information provided here is a general overview. Your case is unique, and it's crucial to consult a criminal defense attorney to discuss your specific situation. Hedding Law Firm is a criminal defense law firm located in Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071. Contact us to review your case at (213) 542-0994.
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