Some times, you need to be heard.

In my earlier days, I represented a person that was charged by the State.  The State had a fair bit of evidence–witnesses, video, and a partial confession.

Despite having a solid case, the State made a generous plea offer.  I let my client know that the offer was a good resolution.

My client rejected the plea offer.  We set the matter for trial.  The State presented its case.  We presented our case.  We lost.  The court set the matter for sentencing.

At sentencing, the State no longer recommended the generous terms.  The State recommended jail.  The court gave my client jail time, when the plea offer was for probation.  

I thought my client would be upset about the turn of events.  However, my client had a look of contentment on his face.  I was shocked by the look.  He turned to me and said “you win some, you lose some.”  The deputy cuffed him and escorted him to jail.  He thanked me for my services on his way out of the courtroom.

Looking back, I see that it was not about the sentence.  My client did not want to back down from a contest.  He wanted to be heard and he got his opportunity.  We cross examined the witnesses.  We argued our cause.  

Even though the jury did not find a reasonable doubt in the State’s case, my client knew that we put forward the best defense we could.  He did not take the plea, but he did not have any regret.

As a criminal defendant, you have a couple of decisions that are solely your own.  One of those decisions is whether or not you will take a plea or have a trial.

Your attorney can advise you on whether or not you should, but this is where you have all the “say.”  Sometimes it is the exercise of that “say” that matters.

My client understood that back then.  If you are ever in a situation where you have to decided whether or not to exercise your “say,” have an attorney that will go into the battle with you.