Where’s the bargain?
As I’m sitting in Domestic Violence court fighting to get my client’s guns back, I’m watching a large group of people enter pleas to violating a restraining order. Funny thing is, the plea arrangement is the exact same thing they would get if they went to trial and lost. In other words, they are giving up their rights and the chance to play with the house’s money since they have nothing to lose. Why would anyone do that?
The answer is easy, belly-up attorneys. Too many attorneys see this profession as an easy way to make a little money instead of a profession where we are defending people; no, more like fighting for people. Whenever I get a deal like that, I ask the prosecutor, “so if my client went to trial and lost, he would get the same thing?”. The reply is always yes. I then say “why would my client pay me to get the same thing that he could get on his own?”. There is never a good answer to that question.
Of course, they only make that offer because many attorneys advise their clients to take it. Even if you have no shot, why not go to trial, have some fun and make everyone work for it. And hey, you never know who will not show up, forget something, make a mistake, etc. If your attorney is not fighting for you, it is time for a sit down with him or her or possibly time to get a new attorney before its too late.