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Are Most Drug Trials Jury Trials Or Bench Trials?


I have my client pick the type of drug trial, based on the nature of the evidence. It is not an exact science, but I would say that generally if it were a credibility question between my client, the prosecution witnesses, or the police, I would go with a jury. In other words, if the jury has to believe that my client is telling the truth, and the prosecution witnesses are lying, that is going to be a jury trial versus a bench trial. However, if the evidence involves more a question of law, rather than a question of facts, I like a bench trial for that type of case, but really, every case is different, and will turn on the nature of the evidence of the case.

How Important Is It For Clients To Know Their Options And What The Potential Outcomes May Be?

It is extremely important for my clients to know all their options. You cannot make a decision about the situation if you do not know all the facts, and all the evidence. I am being retained for my expertise. Therefore, after I have reviewed all of the evidence with my clients, and we have gone over all the evidence, I tell them what I think the strengths and weaknesses in the case are. From there, I give them their options, and I will tell them the pros and cons of each of those actions. I also will ultimately tell them that my opinion is, and how we should proceed on a case, and I will back that up with facts from the case.

Nevertheless, if my client does not have all the information available to them, and they do not understand some aspect of the case, or they do not know what evidence is against them, there is no way that they can make an informed decision on how to precede.

Do Counseling Or Treatment Ever Impact The Outcome Of A Drug Trial?

Counseling and treatment will not affect the outcome of a case. Counseling or treatment is only important after a finding of guilty, or after a plea of guilty. Generally, any sort of drug treatment, or counseling would be inadmissible at trial.

How Does A Trial Affect The Overall Cost Of A Criminal Case?

Generally, going to trial would require additional attorney fees, but if I recommend going to trial, it is because I believe we can prevail in the case. It is not inexpensive to go to trial, that is true, but that is because of the massive amount of time, and effort that I put into the preparation, and execution of a trial. However, a not guilty verdict is worth much more over a person’s lifetime than what fees I charge.

What Are The Most Important Things People Should Know Before Going To Trial?

There is not any one particular thing someone should know before going to trial. Many people have their own opinions about what a trial is, or what it does, or whether someone should go to trial or not, or whether a jury is better than a bench trial. What I do in every case is make sure that I give them solid accurate information, because once they have that information, they can make an informed decision. All these preconceived notions, advice, and information given to them by people that are not really qualified to do that, I want to cut through the garbage and give them accurate information. From there we can make an informed decision on how to proceed with the case.

Is There A Difference Between Representing A Client And Defending A Client?

There are lots of weak lawyers out there. These lawyers have little to no contact with their clients. These lawyers do not return phone calls, or answer questions. When I represent someone, I make myself available to them, and I answer all of their questions. Generally, we would have multiple meetings at my office, where I explain everything to them, and it goes back to that theme which is an informed decision is usually going to be a good decision. An uninformed decision is usually a bad decision. It boils down to if my client does not understand, or have all the facts, and they do not have all the information they cannot make a good decision.

I give them that. I give them the facts, I give them the information they need. I give them my opinion, and then I back it up, and from there, we make a good decision on how to proceed.

What Role Does Your Personality, Appearance And Approach Play In A Criminal Trial?

For starters, I love going to trial. By that, I mean, as an attorney it is the most fun part of my job. My experience is also extremely important in this situation. I have tried every type of drug case out there. I have taken possession cases to trial, possession with intent as well as delivery cases to trial. In talking about criminal defense, I have tried every type of charge from speeding tickets to murder, and every case in between. My preparation is the best. My clients can be assured that if we go to trial, I am prepared to go to battle, and I am ready to secure victory for them.

For more information on Bench Trials Vs. Jury Trials, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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