Do Murder Cases Usually Go To Trial Or Do They Plead Out?
Reckless homicides, if it’s clear that they are found to be reckless, usually don’t want to go to trial for many reasons. The first reason is that you are going to lose, and are apt to get sentenced by a judge anyway. The last thing that you want to do is drag the victim’s family up there, and make them go through more hell than they’ve already gone through just so you can have your day in court, when the judge knows you are damn guilty for sure. Then you are going to pay the tax for the trial. The judge is going to hammer you—they mention this at sentencing hearings, saying you put these poor people through hell again. It’s bad enough they lost the person they loved, but you made them relive every moment of it, knowing that you were guilty. You’ve wasted our time, you’ve shown no remorse, and I’m going to give you the maximum. I’ve seen that happen.
A lot of times, with the state, you don’t have a choice to go to trial, because they’ll say you can just enter a straight plea of guilty, or you can go to trial. What do you have to lose? Nothing. We have nothing to lose by going to trial if we have some sort of legitimate defense. In murder cases, many times they won’t make you any offer. You can go to trial and win, or you can plead guilty, or you can go to trial and lose. It could be because the crime is just too heinous, or because it’s too sensitive politically for them. Because of this, many people charged with murder go to trial. In these cases, there is nothing to lose by going to trial. You never know what can happen at trial—there are many people that are found not guilty, when it’s clear they were.
In these cases, you’ve got nothing to lose. If you are backed into a corner, you might as well come out swinging, because you know what’s going to happen if you don’t. You’ve got nothing to lose by coming out swinging. So to answer your question, most of the murder cases go to trial, because they just don’t offer anything that anybody wants to take. If it’s a great offer, then we’ll consider it, but most of the time they offer you something where it’s to put the person away for life. What do they have to lose by going to trial? Absolutely nothing.
Why Is It Critical To Hire A Criminal Defense Attorney Who Has Hands On Experience To Handle A Murder Case?
Unless the person charged is familiar with that law, and used to practicing it, they should hire an experienced attorney. Many people don’t recognize that specific exception with a reckless homicide, that you can get probation on it now. You need someone who is familiar with that, inside and out, and someone can possibly negotiate the case with the state. If you have to fight it and go to trial, you need an attorney who knows how to appropriately do that.
The more severe the case, the more necessary it is to have someone who knows what they are doing. Just as if you have a very delicate brain surgery operation, you wouldn’t go to a general practitioner and say see what you can do. You need a specialist if it’s really a specialist type of case. For cases involving aggravated DUI causing death and bodily harm or murder, you better have someone who has the experience there, because you don’t want them cutting their teeth and making their mistakes on your behalf. You don’t get another shot at a trial, saying that you didn’t know your attorney didn’t know very much about that, because he told me he did.
It would be an insult for the client, because a lot of attorneys blow a lot of smoke and mirrors. They are not honest in how many clients they’ve had, and if they are successful in what they are doing. This has a lot of quality reviews around. It’s kind of shooting in the dark. You really want somebody experienced, because there is a lot on the line. It could be your freedom for the rest of your life.
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