It is Important to Remember That Each Case Is Unique
Lisa Pelosi: It all really depends on the case. It could be anywhere from a month or to a year. It will all depend on what the case is. Sometimes, it’s to a client’s advantage to try to work out a deal or to resolve it quickly, and other times it’s best to prolong it as long as you can. It depends what my strategy is for each individual client in each various situation.
Is Your Case Likely to Resolve without a Trial?
Interviewer: In most cases that you work on, do they go to trial or do they resolve through a plea?
The Majority of Cases Will Be Resolved through a Plea Bargain
Lisa Pelosi: Most cases do not go to trial—across the board. Usually, cases can be dismissed before at a certain point. Many times, there’s a term that we use called “plea bargaining” where the judge, the prosecutor and the defense attorney come together. We work out a deal that is acceptable both to the government, the judge, and to the person accused of the crime.
That’s what happens often, more often than not. It is very important to know that if you happen to be one of the people whose case will not be dealt with in a plea bargain that you have an attorney that has been preparing towards trial from day one.
When I get the case, I’m always working to try to resolve the case without going to trial for them and also always looking at how I would defend the person and put a defense strategy into place. That’s why it’s very important for the client to find an attorney who’s done many trials.
A lot of people say they’re criminal defense attorneys, but when questioned, if honest, they will tell you they’ve never done the trial.
Is There Any Chance of a Harsher Sentence If You Pursue a Trial Rather Than Accepting a Plea Bargain?
Interviewer: Is there any punishment for going to trial?
An Experienced Attorney Is Best Equipped to Offer Guidance on Whether or Not Your Case Should Proceed to Trial
Lisa Pelosi: That’s one of the most important things the defense attorney needs to watch. Because you need to know which cases you should take to trial and which cases you should not take to trial. You do that by having experience, in my case, 30 years.
I have worked both as a prosecutor and defense attorney and I know which cases to take to trial. If someone goes to trial and they lose, you will definitely get a higher sentence than what was offered during the plea bargain.
It’s a very tricky situation. Only someone with a lot of experience can help you and guide you through the process, because if you make the wrong choice, it would have the devastating effect on your life and your family twice.
Judges Do Not Penalize Individuals for Exercising Their Right to Trial but the Sentences Imposed May Be Higher Than Those Offered in a Plea Bargain
Interviewer: Do judges get annoyed that people are taking up their time just by virtue of asking for a trial?
Lisa Pelosi: No. I think most judges believe that everyone who wants a trial is in entitled to a trial. I think each judge believes that he or she will give them a fair trial. I don’t think the judges would hold it against you to go to trial.
I think sometimes they realize that some people go to trial when they probably shouldn’t go to trial. They can somewhat foresee a conviction perhaps. If the person doesn’t take this probation sentence that the prosecutor is offering, then down the road, this person might end up going to jail for 10 years or something.
Judges do have opinion, I think, whether or not people should plead guilty or not. But no judge that I am aware of will hold it against someone to go to trial, but they will punish them to a higher level if they do go to trial and they’re not successful.
