IS TRIAL THE ANSWER FOR YOUR CASE?

Trial or not…

5 questions to ask before deciding

Is trial the right answer for your case?

A natural and very important question in every criminal case is whether you should take your case to trial or not.  The answer is rarely simple.  However, the right Criminal Defense Attorney should be able to make that decision a lot easier on you.  If your lawyer isn’t asking you about trial during some portion of their representation, you might want to reconsider whether you have the right attorney.  It is true – some cases are dismissed before trial even comes close.  Obviously that’s the best of both worlds – the case is dismissed and there’s no risk associated with the jury trial.  However, for the remaining large majority of cases, the question is almost always this: “should I accept a plea bargain or should I take the case to trial?”  Here are the 5 biggest questions you should know the answer to before deciding whether you should go to trial or not…

Top 5 Questions:

Are you actually innocent?

Okay, let’s be honest, this is a pretty obvious question.  But, oftentimes the decision of continuing the fight is difficult because a “good deal” may have been offered or you’re scared of trial.  This is natural.  Here at Gallian Firm, I am a big believer in the jury-trial system.  I believe that through our preparation together, your innocence, and my advocacy, we stand a great chance in exposing the truth.  Trust in the process.  If you don’t trust the process, trust your lawyer.

What is the offer?

This is a huge question.  Some offers make the decision of going to trial pretty easy.  In some felonies, especially sex crimes, the offer is almost always going to be prison.  When that happens, the decision to take your case to trial is pretty easy.  However, what if the offer is for deferred probation?  What if you can seal your record after completing probation?  A thorough conversation with your lawyer is the only way to get the answers you deserve.

What are the unknowns in trial?

In criminal cases, almost nothing happens as you think it would.  Witnesses are not bound by depositions.  Police officers have, most of the time, forgot intimate details of the case.  What is the prospective jury pool going to look like?  Is the judge going to rule for or against us on objections?  You need to make sure you have a lawyer who can “roll with the punches” and adjust his/her strategy on the fly.  Failing to plan….well, you know the rest.

Is your lawyer a trial lawyer?

Yes, there’s a difference.  In all trials, a lawyer’s ability to navigate the evidence, rules of courtroom procedure, and the Judge’s tendencies oftentimes means the difference between winning and losing.  How many cases has your lawyer taken to trial?  How many has your lawyer won?  As with any big life decision, make sure you have the right lawyer.  Gregg Gallian has distinguished himself time-and-time again as a tried and true trial lawyer.  Trust in Gallian Firm.

Can I hire you just to try my case?

Yes.  This happens all the time.  Sometimes other lawyers even ask me to try their cases.  There’s no shame in another lawyer admitting they aren’t comfortable in trial.  It’s not for everyone but it is what I do.

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