On August 18, 2015, after deliberation by jury, a client of mine was acquitted of Conspiracy to Distribute Marijuana, and Possession with Intent to Distribute. While every defense attorney’s goal is to win a “not guilty” verdict for their client, in a federal court, this is no easy feat.
First, the odds are stacked in favor of the prosecution. In 2014, out of 86,492 people prosecuted by the federal government, only 331 were acquitted. That meant my client and I were going up against a 99.6% success rate.
Before any case goes to trial, the federal government has a major advantage: they can cherry pick the cases they want to prosecute, and pursue only those with overwhelming amounts of evidence in their favor (they leave the rest to be prosecuted by the state).
The prosecution can use evidence to intimidate defendants to resolve their cases out of court with guilty pleas. In fact, in 2011, 97% of cases prosecuted to a conclusion ended in such a plea. When you consider the overwhelming odds in favor of the prosecution, it’s easy to see why so many innocent people waive their right to a trial by jury in the hopes of reducing their potential sentence.
In the August 18th case, although there was a great deal of evidence that seemed to indicate my client was guilty of conspiracy to distribute marijuana and possession with intent to distribute, I believed him to be innocent. We chose to take the case to trial, and in spite of the odds, we won.
Preparing for Trial
To win a case like this, it takes much more than excellent in-court trial skills. It requires preparation and dedication. It isn’t enough for an attorney to become an expert in their case – they must research applicable law and become an expert in many similar cases to make sure they are getting every advantage they can for their client.
Like any good trial attorney, I spent much more time out of court preparing the case than I actually spent in court. And that extra work paid off.
Defending My Client In Court
During trial, an attorney should do everything they can to convey their theory of the case to the jury through questions and solid arguments. It takes the right person to be an effective trial attorney. You need a good combination of intellect, charisma, and creativity- qualities I take great pride in possessing.
Although challenging the prosecution may feel like a daunting and insurmountable task, the right trial attorney can make the odds worth facing.