When I’m Facing Charges, What Should I Look for in an Attorney?
You may believe that any criminal defense attorney can deliver a favorable outcome in your criminal matter. Nothing could be further from the truth. An attorney without experience in the courtroom may not be the best choice. Going with a lawyer who has never tried a case in court may likely end up with a less-than-favorable plea deal and a criminal record.
An attorney with trial experience who has faced and beaten aggressive prosecutors is needed to get the best chance of a favorable outcome, including acquittal or dismissal of the charges.
A criminal defense attorney with a track record that includes favorable dispositions at trial represents a credible threat to prosecutors. Prosecutors are aware that an attorney with trial experience has the ability and tenacity to secure an outright acquittal at trial. This may result in a prosecutor being more open to compromises and more favorable plea bargains.
Why is an Attorney with Trial Experience More Likely to Deliver the Best Outcome in a Criminal Case?
Below are some reasons a trial attorney may achieve a better result than an attorney with little to no trial experience.
There is a Greater Potential for Favorable Negotiations.
A prosecutor may be more open to plea bargains or compromises when facing a skilled trial attorney, as they may recognize the risk of losing at trial. Prosecutors prefer to broker a favorable deal than risk an outright acquittal at trial. They are aware that weak plea deal offers may not be tolerated.
An Attorney with Trial Experience Fights Harder to Secure a Favorable Plea Deal
Criminal defense attorneys who lack trial experience will focus heavily on negotiating a plea deal with the prosecution to avoid a trial. This tactic works in their favor because they don't want to take a case to trial even if the trial would likely result in a favorable outcome for the defendant.
A Criminal Defense Trial Attorney Knows How to Get the Best Results
There is no substitute for actual trial experience when it comes to criminal defense. A trial lawyer knows what it takes to get the best result for those accused of crimes. This requires more than understanding criminal statutes and the ability to cut a deal with prosecutors. Hiring a defense lawyer who has no trial experience puts you at a disadvantage at trial and any plea deal you are offered is far less likely to be favorable.
If you have strong defenses, were wrongly accused, or the police and prosecutors have made serious errors, you need an attorney who is ready, willing, and able to take your case to trial.
Key Skills of a Trial Attorney
A trial attorney takes cases to court and advocates for clients in front of a judge and jury. Key skills of a trial attorney include jury selection, cross-examination, and delivering persuasive arguments. They prepare and present evidence, question witnesses, and make opening and closing statements.
Beyond courtroom appearances, trial attorneys develop case theories, devise strategies to present the client’s case effectively, and craft compelling arguments.
A trial attorney's pre-trial activities include filing motions, attending hearings, and engaging in settlement discussions. They must be prepared to argue various procedural and substantive points of law and stay vigilant, adapting their strategies as the case evolves. Beyond their courtroom duties, trial attorneys might also advise clients on legal rights and obligations, ensuring they understand the complexities of their cases.
Jury Selection
In a jury trial, it is necessary to select a jury that is impartial yet empathetic. This involves understanding the psychological and social dynamics that may influence juror perceptions and biases. Effective jury selection requires keen observation and strategic questioning during voir dire. The phrase "Voir Dire" is a French term that means “to speak the truth.” In court, it refers to asking a potential juror questions to determine the ability and willingness to serve fairly and impartially.
The defense attorney must also be well-versed in the strategic use of peremptory challenges and challenges for cause. The former refers to the right of an attorney during jury selection to remove jurors based on intuition or perceived bias without needing to explain their rationale to the court. Challenges for cause allow an attorney to dismiss a potential juror who is allow attorneys to identify and remove jurors who may have biases or conflicts of interest.
Interrogation of Witnesses
Cross-examining witnesses is another vital skill. Trial attorneys must craft questions that elicit the desired responses while discrediting opposing witnesses. This requires a thorough understanding of the case facts and the ability to think quickly and adapt during testimony to expose inconsistencies, biases, or inaccuracies in the opposing witness's statements.
Opening Statements and Closing Arguments
Opening statements and closing arguments must engage the jury and present the client’s story the way the jury needs to hear it. The opening argument sets the stage, outlining the case narrative and listing the key points the attorney will prove. The closing argument summarizes the evidence presented and why it points to the client’s innocence. Trial attorneys must present these arguments with passion and logic to persuade judges and jurors.
Adaptability and Thinking Quickly
Trial proceedings can be unpredictable, requiring attorneys to adapt their strategies dynamically. Successful trial attorneys possess the mental agility to think on their feet, respond to unexpected developments, and adjust their tactics in real time. This quick thinking is crucial during cross-examinations, when new evidence emerges, or when countering the opposition's arguments.
Resilience and Perseverance
The trial process can be grueling and emotionally taxing. Trial attorneys thrive under the pressures of a courtroom battle. They maintain composure, manage stress, and stay focused on the client's goals despite setbacks or intense adversarial interactions.
In conclusion, the role of a trial attorney is multifaceted, requiring a combination of legal expertise, strategic planning, and refined people skills to navigate the complexities of the courtroom and advocate effectively for their clients.
About Attorney Carl Jordan
Typically, a trial lawyer represents a client during the entire trial process, including presenting evidence and arguing in court. A defense lawyer focuses on defending a client against accusations, often by negotiating plea deals. Carl Jordan is that rare attorney who excels at both aspects of criminal law. His aggressive defense of clients in court has resulted in not-guilty verdicts at trial. Because Attorney Jordan is a credible threat to prosecutors he has negotiated very favorable plea deals because his reputation is known to prosecutors. They would prefer to broker a favorable deal rather than lose at trial. His negotiations for clients have resulted in dismissals, reduced charges and sentences of probation rather than incarceration.
Carl Jordan is a Former Prosecutor
Understanding how prosecutors win and lose cases is a key skill, best learned while serving as a prosecutor. During his tenure at the Wayne County Prosecutor’s office, Attorney Jordan handled hundreds of criminal cases at the pre-trial and trial stages.
When you are facing charges, you are dealing with something that can be life- altering. With so much at stake, you need an attorney like Carl Jordan. He is aggressive and committed to obtaining the best result in your criminal matter. He will stand by you and stand up for you during every step of your journey through the criminal justice process.
Schedule your free, confidential consultation today. Contact Carl Jordan at 248 358-6647.
