Congdon Law. PLLC.

Is Someone Punished With A Harsher Sentence For Taking A Case To Trial?


In certain circumstances, yes, you can be punished for taking a case to trial. I don’t think most judges would admit that that’s what they’re doing, but there is certainly that risk. I think that’s part of what your attorney needs to counsel you through when you’re talking about whether or not to accept the plea deal. You have to make the decision ahead of time based on whether or not that’s a risk you’re willing to take. It’s important to have a good lawyer who knows the prosecutor as well as the judge, and who can give you an idea of what both of those parties are likely to do if you are found guilty at trial.

How Important Is It For The Defendant To Know All Of Their Options Prior To Taking A Case To Trial?

It’s always critical that a client knows all of their options and understands the benefits and the risks to each of them. If a client doesn’t have a full picture of what their options are, then they’re not going to make a well-informed decision, and they might wonder down the line whether or not they made the correct one. If they went to trial, were found guilty and got a harsher sentence, then they might wonder what would have happened if they had just taken the deal. However, if a client takes a deal, they will always wonder what would have happened if they had gone to trial instead. Unless they have a good, long, in-depth conversation with their attorney about those options, they’re always going to have that question in their mind. So, it’s very important for somebody to know all of their options before making a decision.

Can Someone Even Afford To Take A Criminal Case To Trial?

Whether or not you can afford to take a criminal case to trial is dependent upon the retainer agreement that you have structured with your attorney. Some attorneys, including myself, will build in the cost of trial to your original retainer amount. That way, if you choose to go to trial, you won’t owe my law firm any additional money. I always want my clients to feel like they have the option and that I can fight their cases as hard and as vigorously as they want. I do not want them to be making decisions that are going to affect them for the rest of their life based on financial reasons. That being said, trials take a lot of time, not only for the lawyer, but also for the clients. It requires time off of work and may require you to pay for child care or other things of that nature. Those collateral costs can add up and might be a factor. But at Congdon Law PLLC, the financial reasons of paying an attorney should never be the reason why you don’t go to trial.

What Are Some Things A Client Should Be Aware Of Before Taking A Case To Trial?

Overall, you have to be very comfortable with the relationship that you’ve built with your attorney, because that’s the person who’s going to be speaking on your behalf during 95% of the trial. The jury is going to be looking at you and judging you, but for the most part, you are not going to be speaking. Instead, it’s going to be your attorney that’s speaking. So, it’s very important that you are comfortable with your attorney and their knowledge of the case. You also need to be confident that your attorney knows what they’re doing, because if you’ve hired an attorney that has never gone to trial or who very rarely goes to trial, then they might not be very smooth, polished or knowledgeable about the rules that apply during those types of proceedings. You don’t want your attorney bumbling around looking foolish, because the jury may potentially transmit that opinion and judgment onto you. You have to be very aware of the attorney that you’ve hired.

How Does Your Personality, Your Reputation And Your Style Impact The Outcome Of a Trial?

I try a lot of cases. I have probably tried over 20 cases in the last four years. I would challenge anybody who is looking for an attorney to ask the potential attorney how many cases they have tried in the last year or in the last five years. I would also suggest that they really judge the answer that the attorney gives. It’s my passion and my drive to do excellent work for my clients, which means that I spend my evenings and weekends reading through all sorts of techniques and manuals, and attending trainings and trial schools. This allows me to ensure that I am at the top of my game for every single client. We take that very seriously here at Congdon Law, PLLC. Every client, whether or not they go to trial, is going to get the representation of somebody who is facing 90 years in prison for a homicide. They are going to get topnotch representation every step of the way. I have the skills and the reputation to back that up.

For more information on Consequences Of Taking A Case To Trial, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 684-9740 today.

Jennifer Congdon, Esq.

Call For A Free Consultation (800) 684-9740