Q&A

What happens if I go to trial and lose?

What happens if I go to trial and lose?

The game changes if you decide to go to trial. Seasoned criminal defense lawyers who lose a trial will remind the judge that “x” was offered before trial and there is no reason to exceed “x” after a guilty verdict. Fair judges will adhere to their principles and impose the sentence that was offered before trial.

What do you do if you lose a case?

​If you lost your case, the defendant will not have to pay your claim or return the goods. The court may have ordered you to pay the defendant’s legal costs. You have the option of appealing the decision, although this is not common. Before you appeal, you should get legal advice.

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What can a party do if they lose the trial?

Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal an alleged material error in the trial not just the fact that the losing party didn t like the verdict. In a civil case, either party may appeal to a higher court.

What happens if you get sued and win?

After the judge, or a jury, grants you your award or judgment, you must still pursue or “execute” on the judgment. Lawsuits typically resolve with one of two different outcomes – you receive an order from the court requiring the party to do something (or refrain from doing something) or you receive a monetary award.

What happens if you lose a criminal case?

In a criminal case, the prosecutor and police officers will have charges against the defendant for illegal activity. If the defendant loses, he or she may face jail time. As an injured party in the case, you may not receive compensation.

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Can a case be dismissed before trial?

Many cases are dismissed before a plea or trial. Many cases end up being dismissed, by the prosecutor or the court. The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial.

What happens if I turn down a plea offer at trial?

If I turn down a plea offer and get convicted at trial, will the prosecutor ask the judge to impose more time than he specified in the plea offer? When prosecutors offer a plea bargain to a defendant, they have presumably studied the case and the evidence, spoken with witnesses and victims, and decided on a fair and appropriate sentence.

Why did the prosecution change the plea bargain recommendation?

It’s possible that the prosecution’s changed recommendation was meant to punish the defendant for demanding a trial. But it’s also possible that the evidence at trial went beyond what the prosecutor thought he could prove at the time he offered the bargain.

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Will a judge follow a prosecutor’s recommendation for more jail time?

Or, even if the recommendation remains the same, the judge may not follow it. In some cases, a prosecutor’s recommendation for more jail time than was originally offered will seem like a punishment for going to trial.