Is Your Criminal Defense Lawyer a Trial Lawyer?

May 9, 2014 | Criminal Defense

You’ve made a mistake and have been charged with a crime, or even worse, you’ve been accused of something you didn’t do. Now the full weight of the legal system is coming down on you with unmerciful & crushing force. The pressure is mounting and the walls seem to be closing in around you. What do you do now?

You need a Colorado Springs criminal defense lawyer who knows the criminal justice system. There are plenty of lawyers who have practiced in Colorado Springs for many years. Those attorneys may have even had many clients, however, that does not mean that attorney is right for you.

What you need is a criminal defense TRIAL attorney. There are criminal defense attorneys who will always attempt to get their clients to take plea bargains regardless of the likelihood of success at trial. A real trial attorney is not afraid of trial and will zealously fight for each client and preserve and utilize their constitutional right to a jury trial.

Our criminal justice system is over burdened with the sheer volume of criminal cases. This means that the District Attorney’s Office can’t possibly take every case to trial. There are simply not the resources or time to have a jury trial on each one. As a result, the District Attorneys should be offering you some sort of bargain or incentive to get you to plead guilty. The problem for most people in the criminal justice system is that they either do not have an attorney or their attorney is not willing to go to trial. This leads to the District Attorney making very poor plea offers because the pro-se defendants or those non-trial attorneys will take whatever they offer.

A Colorado Springs criminal defense attorney who is prepared to go to trial will do more for their clients because the District Attorney in Colorado Springs knows they will be called on their weak offers. A trial attorney prepares from day one for trial – talking to witnesses and analyzing the evidence for potential defenses. The more prepared an attorney is on a case, the more serious the D.A. will take that lawyer.

This does not mean that a defendant should never take a plea bargain. The criminal justice system is often unmerciful. The law in some cases requires mandatory penalties which a person may want to avoid. For example, some DUIs require mandatory jail. A trial attorney may be able to negotiate a deal which would lower the offense and move it out of the mandatory jail range. In this particular case a person may decide that the guarantee of no jail is worth taking a plea bargain.

A Colorado Springs criminal defense lawyer will skillfully review the evidence and then give you an honest straight forward evaluation of the merits of your case. There are many times when the D.A. will offer a plea bargain that is not a bargain at all. An inexperienced person may think they are getting a good deal. However, an experienced attorney may know that even if the person is convicted at trial of all charges the punishment will be no worse than the plea offer. If that is the situation, where is the bargain? Why not go to trial and make the D.A. prove the case beyond a reasonable doubt. The client has nothing to lose as long as they have a trial attorney who has a proven record of success in front of juries. If you are charged with a crime and seek the assurance of a lawyer, ask that lawyer, “Are you a trial lawyer?” If the attorney hesitates, think twice.

Get an experienced Colorado Springs criminal defense attorney!

At James W. Newby, LLC, we try cases. We are not afraid of trial and love the jury system. It is one of the greatest protections available to its citizens. It is a guarantee that if you hire James Newby, he will never plea bargain your case just because it’s less work or inconvenient to go to trial. You will get honest straight forward advice with a knowledge that he is a trial attorney. Call James W. Newby, LLC today for a free case evaluation.

Call James Newby for a free evaluation of your case. His experience handling all levels of domestic violence charges will be invaluable to you as you go through the legal system.