To Trial Or Not To Trial

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One of the most important conversations an attorney can have with his client is whether or not the case should proceed to trial.  I often phrase it as “the most important conversation of your life.”   This moment in the attorney-client relationship occurs for me when I have what I believe to be the best offer on the table that we are going to receive.  At this moment in time, consideration needs to be had on what cards we are holding and whether or not we want to gamble with them in trial. 

            For many, the consideration is not one of guilt or innocence, but more of what are the risks involved.  If the plea bargain on the table will allow someone to return back to the life they were living before with very little interruption vs a trial where someone could go to prison for years or even life, the decision is somewhat simpler.  However, if someone facing life in prison and cannot receive less than 25 years from a jury, an offer of 20 years may be a tougher choice. 

            The most important thing for everyone to consider before they make this decision are the risks vs. the rewards.  That’s something that each must quantify for themselves.  Perhaps its someone kids they could leave behind if they went to prison.  Perhaps it’s a career that someone has spent a lifetime building.  Perhaps, its just the inability to admit fault for something that wasn’t yours.  It’s a different formula for every individual.  But it’s a formula that everyone should consider before walking through those doors and picking a jury. 

            If you have any questions or would like a free consultation, call Brian Powers, Attorney at Law at (210)222-9446.