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Thoughts After A Trial

By Brian Tannebaum, Esq.

I had the privilege to co-counsel a federal trial this week and now that the split verdict is in, just had some thoughts on what the first trial of 2009 looked like.There are not enough cases tried. None of us try enough cases. I certainly don't. My clients are scared like everyone else's. They may want to go to trial, but the economy of scale tells them otherwise.With sentencing guidelines causing clients to believe that the 3 level acceptance of responsibility reduction is as good as it gets, or maybe some cooperation resulting in a 1/3 reduction, most clients decide to plea guilty and play nice with the judge, or the government, or both.As criminal defense lawyers we can lament this all we want, but it is not us in the hot seat.After being in trial this week I reaffirmed that trials are the only way we test evidence...continue to full post

Full post as published by Criminal Defense on January 08, 2009 (boomark / email).