How to research possible sentencing exposure?

[SieVilhelm]

Jurisdiction

California

How can I research past cases and what others have been sentenced to for the same crimes allegedly committed?

I signed up for trellis.law because I thought that was what it was for. But it seems like it is not good for searching criminal case results.

 

[doucar]

How can I research past cases and what others have been sentenced to for the same crimes allegedly committed?

I signed up for trellis.law because I thought that was what it was for. But it seems like it is not good for searching criminal case results.

Your attorney would be a good source for what the range of sentences is in your courts for a given crime. Since criminal cases at the trial stage are not officially reported I don't know of a better source than a lawyer who practices criminal law in your jurisdiction in front of the judges you might face.

 

[SieVilhelm]

I read on a lawyers blog the following

"about 90% of criminal cases end in some form of plea bargain, 8% end with dismissal, and 2% go to a jury verdict."

aerlawgroup.com/blog/these-are-the-easiest-ways-to-get-your-criminal-case-dismissed/

If this is true, does that not mean that there is really only a 20% chance if you don't plea bargain that prosecutors will actually go forward with a trial?

does asking for a speedy trial increase your chances that the case will be dismissed?

 

[doucar]

I read on a lawyers blog the following

"about 90% of criminal cases end in some form of plea bargain, 8% end with dismissal, and 2% go to a jury verdict."

aerlawgroup.com/blog/these-are-the-easiest-ways-to-get-your-criminal-case-dismissed/

If this is true, does that not mean that there is really only a 20% chance if you don't plea bargain that prosecutors will actually go forward with a trial?

does asking for a speedy trial increase your chances that the case will be dismissed?

Generally no, but each case is different facts and charges.

 

[Tax Counsel]

I read on a lawyers blog the following
If this is true, does that not mean that there is really only a 20% chance if you don't plea bargain that prosecutors will actually go forward with a trial?

No. That's a misunderstanding of how statistics work. Those numbers only tell you the final disposition of a case, but doesn't explain why the cases ended up as they did. There are a lot of reasons why a case may not go to trial. There are also some differing reasons why a case goes to trial. Each case is unique and how it comes out depends greatly on the underlying circumstances: the very sort of things those disposition statistics don't tell you. Generally what determines whether a case goes to trial if a plea bargain isn't agreed upon is the strength of the state's case. The more the prosecutor feels he/she has a good chance to convince a jury of guilt, the more likely it is that the cased will go to trial rather than just dropped.

does asking for a speedy trial increase your chances that the case will be dismissed?

Generally asking for a speedy trial won't have a big effect one way or the other. However, if the court actually grants the request and sets a date for trial a few weeks away, that can affect how things will go. Nothing focuses attention and action like an upcoming deadline. But this isn't Vegas where you can predict with some accuracy the odds over time of winning at a particular casino game, like slots or roulette. Legal cases are not determined by mere chance. Again, the details of the case matter as well as how prepared each is for going trial in that shortened time frame Getting an order for speedy trial may work against you rather than for you. So it's not like it's a risk free thing to do.

Filing a motion for speedy trial should be done when the defendant's attorney (or the defendant if he/she is pro se) believes they have a decent shot at getting the motion granted AND that winning that fight and going to trial in the near future will help get a better outcome. In particular, if the defendant isn't ready for trial for whatever reason, having a speedy trial motion granted may be a real disaster.

 

[Tax Counsel]

How can I research past cases and what others have been sentenced to for the same crimes allegedly committed?

I signed up for trellis.law because I thought that was what it was for. But it seems like it is not good for searching criminal case results.

As each case has unique facts that factor into sentencing and judges differ in the sentences they impose, you won't get a figure that would precisely tell you what your sentence would be. You'd have to search to find similar cases that the judge you have has sentenced defendants. And unless that judge has had a number of such cases what you get from the search may not tell you much about how the judge might sentence you. Lawyers who try cases in that courthouse would be the best source for general information about a likely sentence in your case.