Why go to trial in a criminal case?

This may seem like a stupid question, but it is an important question. ¬†As a former Virginia prosecutor, I tried thousands of cases, and the reason was quite simple. ¬†If you are either a prosecutor or a criminal defense attorney and you are afraid to go to trial, then you will be pushed around and be taken advantage of as a lawyer. ¬†Why? ¬†It is hard to take a lawyer seriously if the lawyer is unwilling to exercise the ultimate weapon of a lawyer…the trial and verdict.

Why?  At a trial, evidence is presented.  Witnesses are cross examined.  Courtroom strategy is employed.  In fact, real lawyering takes place.  In these settings, an experienced and aggressive attorney can often get better results than in just engaging in settling cases.

So when you hire a lawyer, ask them this question:  Have you ever won a jury trial?

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