The Best Outcome Isn’t Always a Dismissal
One of the expectations we sometimes have to work through with a new client is pretty simple: “I hired an attorney, so now my case should be dismissed.” I understand why someone would hope for that, and there are certainly cases where a dismissal is exactly the outcome we are working toward. But there are also cases where that isn’t realistic, and I think one of the most important things I can do for a client is be honest about that.
My goal in every case is to get the best outcome I can for the person I’m representing. I can’t guarantee what that outcome will be when I first meet somebody, because I haven’t seen the evidence yet. Quite frankly, if an attorney tells you at the beginning of a case that he is going to get your case dismissed without even knowing what the evidence is, I would run. He or she doesn’t know that. Neither do I. We don’t have a magic crystal ball that tells us how a criminal case is going to end.
What we can do is put in the work to find out what we’re actually dealing with. We obtain the discovery, review the police reports, watch the videos and body camera footage, listen to statements, look at the physical evidence, and determine what the State can actually prove. Then we sit down with the client and go through it. When the evidence is difficult, I try to have the client look at it from a different perspective: forget for a moment that you’re the defendant in the case. If you were sitting on a jury and knew nothing about you other than what you were about to see and hear in that courtroom, what would you think?
That can be a difficult conversation. A jury doesn’t know my client the way his family and friends do. They don’t know his heart. They don’t automatically know what his intentions were. They weren’t there for everything that happened before the incident, and they don’t know the person he has been for the other 30, 40, or 50 years of his life. They are going to hear the evidence that is admitted in a courtroom and make a decision based on that evidence. If the case ends in a conviction, the judge will ultimately determine the sentence. Those are real risks that a client needs to understand before deciding what to do.
That doesn’t mean we simply accept the State’s version of the case. Far from it. We have to ask what the evidence actually shows and what our response to it is. Can we attack the State’s evidence? Is there video that tells a different story? Are there credibility problems with a witness? Is there a legal issue that changes what evidence the State can use? Does the evidence actually establish every element of the offense? Those questions help us determine whether this is a case we can effectively fight and what the risks of doing so may be.
Ultimately, though, the decision belongs to the client. My job is to make sure that the decision is an informed one. Before a client decides to accept an offer or take a case to trial, I want him to understand the evidence—the good and the bad—and what each path actually means. Nobody can honestly promise what a jury is going to do.
Sometimes that process leads us directly toward trial. Other times it leads to a difficult realization that a negotiated resolution may be the best outcome available.
I think clients sometimes view taking a plea as giving up. I don’t look at it that way. There are cases where avoiding a conviction on a more serious charge, reducing potential punishment or resolving a case in a way that allows someone to move forward with his life is a very good result. There are even times when, after we’ve reviewed everything and done the work, we conclude that an offer the client received before hiring us was actually a good offer. The value of representation in that situation isn’t pretending otherwise. It’s giving the client confidence that we investigated the case, challenged what could be challenged, explored the alternatives and had the difficult conversation necessary for him to make an informed decision.
Character can matter too, particularly with someone who has never been in trouble before. I represent plenty of good people who find themselves on the wrong side of a criminal case. I’ve also learned over the years that good character doesn’t necessarily tell us what happened on one particular day. Good people can be wrong. People with criminal histories can be right. But when we’re working toward a resolution, being able to show a prosecutor or a court the person behind the charge can make a difference depending on the offense and circumstances. A defendant is more than a name on an indictment or a set of allegations in a police report.
We deal with hard truths every week in this job. Sometimes the evidence is bad. Sometimes there is no legal argument that makes the bad facts disappear. Sometimes a plea is unavoidable if the client isn’t willing to accept the risk of trial. Other times the evidence gives us every reason to fight the case all the way through a jury verdict.
The important thing is that the client gets there after understanding what he is facing. Trust between an attorney and client isn’t built by promising the result somebody wants to hear on the first day. It’s built during the process—doing the work, being honest about what we find and giving the client the information he needs to make what can be one of the biggest decisions of his life.
At the end of the day, I’m not trying to manufacture a particular result so I can call it a win. I’m trying to get the best outcome available for the person sitting across from me. Sometimes that’s a dismissal. Sometimes it’s a plea. Sometimes it’s putting twelve people in a jury box and asking them to decide.
Knowing the difference is an important part of the job.
A mistake can have serious consequences. It doesn’t have to define the rest of someone’s life.
Brett H. Knight is a partner at Jaffe, Hanle, Whisonant & Knight, P.C. His practice includes criminal defense in Alabama state and federal courts.
This article is provided for general informational purposes only and is not legal advice. Every criminal case is different, and past results do not guarantee a particular outcome.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800