Defense Attorney David Black discusses the questions in every criminal case.

Описание: Questions About a Criminal Case

Hi. This is attorney David Black and today is May 1, 2012. We are here today to discuss questions that come up with almost every criminal case, whether or not a client should exercise his or her right to trial, what considerations go into that.

A lot of people think that court is trial wherein fact court is only trial a fraction of the time. Usually the court is a process of discovery which is exchanging police reports and evidence.

It's also a process of negotiation where we determine if there's a lot of evidence against a client, if it's even in their best interest to go to trial.

The factors that we look at when deciding whether or not to go to trialare varied; the number one factor is what the client wants. If a client's innocent he wants to trial he gets to trial. Period. It's not our job as lawyers to persuade him either way.

If a client asks me his or her opinion about whether or not he should go to trial, I'm going to do a number of things. I'm obviously going to assess the strength of the case that the state has against the client. Is there a way that we can win given the facts at hand?

Most are going to look at and compare that result at trial, a potential loss to any offers that we have any plea agreements. Do we not have a plea offer? And, do we not stand anything to gain by pleading guilty? Well, that's an easy trial. We are going to trial.

Is the plea offer worse than what we might get at trial? Again, another reason that even without a defense we go to trial. Or, do we believe so strongly that we're either innocent or can't be proven guilty there, regardless we are going to exercise our right to trial.

The stakes are a lot higher in felonies than misdemeanors so the considerations have to be more involved than a lot more thought in preparation as to be put into the decision.

Frequently, misdemeanors that police, that you receive, there's no benefit to the bargaining so we might just go ahead and do the trial and if we win great, if we don'twell, consequences aren't that much worst.

Anyway, I thank you for watching this video today and I look forward to you joining us here on our next venture, maybe May 2nd, 2012.

For more information on this topic, please feel free to visit our website or give us a call.

Law Offices of David A. Black
40 N Central Ave #1850
Phoenix, AZ 85004
(480) 280-8028
http://www.dbphoenixcriminallawyer.com


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