Yes. After conviction, a person may not go back and take advantage of a plea bargain offer. In theory, there could be a settlement between the parties during jury deliberation before a verdict is reached. I certainly have experienced a resolution mid-trial at the end of the state’s case, but once a verdict is returned, the question or guilt or innocence has been decided and settled.
How Important Is It For A Client To Understand All Of Their Options Prior To Litigating A Case?
It’s extremely important for a client to understand all of their options and what consequences would likely follow from their acceptance of an offer.
Can I Even Afford To Go To Trial?
There is no denying that trial is time consuming and therefore expensive. I tell prospective clients to expect and hour or two of preparation time per hour of trial. In other words, if we have a two day trial scheduled (8 hours per day), the preparation time will be between 16 – 32 hours. For clients who engage my firm on a flat fee, trial is usually an additional charge because of the rarity of it, and I do not like to charge for a service I do not provide in the majority of cases. This is something that is stated in the fee agreement at the beginning of the engagement for representation, and it’s also discussed at the time of the initial consultation. This gives the client the ability to take into consideration the cost of trial and for the attorney to avoid working for free. No one does a good job when they are working for free.
What Are The Important Things Someone Should Know Prior To Taking Their Case To Trial?
Prior to taking a case to trial, it is important for the client to understand the possible outcomes, the strategies that will be employed, the nature of the state’s evidence and the probability of receiving a conviction versus an acquittal.
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