Guns and the Law: Exploring the Contrasts Between a Criminal Attorney and a Criminal Trial Attorney in Gun Crime Cases
All criminal attorneys should be trial attorneys; however, many attorneys have never actually tried a case. Some attorneys only enter pleas. Pleas are a very important and useful tool for resolving criminal cases, but trials are a constitutional right of every defendant.
A criminal trial attorney understands the rules of evidence and reviews your case in a different manner than a criminal attorney who is not a trial attorney. Firearm offenses are serious and require a knowledgeable and skilled trial attorney. Penalties for guns range from probation to over 10 years in prison. The laws are complex and subject to change. Recently, the laws related to the sale and storage of firearms in Michigan changed.
A trial attorney approaches cases differently. By preparing every case for trial, the attorney must be familiar with all of the evidence in the case. A trial attorney investigates your case and explores all possible defenses and may use forensic testing, witness interviews, site visits, and expert witness opinions. A trial attorney files motions to limit the evidence in the case when appropriate. The more knowledgeable your attorney is about the facts of your case, the better the outcome, whether it is a plea or a trial. A trial attorney is not scared to defend your case in front of a jury.
I sometimes receive calls from potential clients who want to withdraw a guilty plea; in almost every case, the potential client says their attorney talked them into the plea or told them they could not try the case, or the potential client did not have any confidence in their attorney’s ability to try the case. Trials are hard work and require significant effort and preparation.
A trial attorney is willing to put in the effort and preparation to get you the best outcome possible.
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