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How likely am I to win my Philadelphia criminal case?

March 21, 2024 Uncategorized

How Likely Am I to Win My Philadelphia Criminal Case?

So you’ve been charged with a crime in Philadelphia. That sinking feeling in your stomach is normal. Take a deep breath, we’ll get through this. As your potential defense attorney, I’m here to discuss your options, the odds, and give you straight talk on what to expect.

First thing’s first – each case is unique, with its own set of circumstances. But generally speaking, Philadelphia leans prosecution-friendly. The DA’s conviction rate hovers around 70%. But that stat alone doesn’t seal your fate. Let’s dig deeper into factors that influence the odds.

Nature of the Charges

What you’ve been charged with matters alot. Is it a misdemeanor or felony? Violent crime or non-violent? Drug-related? The type of charges set the stage.

For instance, Philly juries tend to convict at higher rates for violent crimes – murder, rape, assault. If you’re facing violence charges, the community wants to see consequences. The prosecution will play that up. The odds shift more in their favor.

Whereas for non-violent crimes like fraud or theft, jurors may show more leniency. They see shades of gray versus black-and-white good and evil. The prosecution has a higher burden to portray you as dangerous to society.

Drug crimes fall in the middle. Much depends on the quantity, intent to distribute versus personal use, and your criminal history. Jurors’ views on addiction impact verdicts.

I can crunch the numbers for conviction rates on your specific charges. That at least sets a benchmark.

Strength of the Prosecution’s Evidence

Philly prosecutors win often because they seldom bring weak cases to trial. They have a 95% success rate securing indictments from grand juries. This filters out cases where evidence can’t support probable cause.

By the time of trial, the DA feels confident in the proof against you. Where does it come from? Witness testimony, police accounts, physical evidence, surveillance video, phone records, computer files, financial documents. The more types of evidence from credible, impartial sources, the more daunting for the defense.

I’ll conduct in-depth discovery to inspect what exactly the prosecution has. Any holes, inconsistencies or procedures not followed? Those become my ammunition.

Background and Reputation of the Judge/Jury

The human elements matter tremendously. Some judges are former prosecutors predisposed to the DA’s view. Defense-friendly judges do exist. Most are in between.

I’ll research the assigned judge’s past rulings, appeal reversals, and attorney reviews. It’s not an exact science, but it paints a picture. Does the judge run a tight ship? Lenient sentences? Sticks firmly to mandatory minimums? Knowing the judge’s tendencies aids strategy.

Juries add another X factor. Philly juries have multi-ethnic diversity – a plus for the defense. But they also experience higher violent crime rates firsthand. Certain charges incite their emotions.

In voir dire (jury selection), I’ll detect anti-defendant bias, search for those valuing due process and reasonable doubt, identify personalities swayed by different arguments. I study body language, word choice. It’s part art, part science.

I build the best jury for you, not just play the luck of the draw.

History Working with the Assigned Prosecutor

Philly has a deep bench of talented, dedicated prosecutors. But some I’ve worked with for years. We’ve battled many times. That familiarity breeds an odd respect.

I’ll inquire who’s assigned to your case. Have we negotiated plea deals before? Gone to trial together? Do they play hardball or more flexible? Any pet peeves or buttons I can push? Prosecutors are human too. Understanding how to approach them benefits you.

Now a new prosecutor is an unknown. But they also have less trial experience. I may detect uncertainty to exploit. Or they’ll drown themselves preparing to avoid looking foolish. Either creates opportunities.

Bottom line – I’ll adjust strategies based on whether your prosecutor is my old courtroom friend/foe versus fresh meat.

Your Individual Profile

Who you are matters greatly. Jurors (and judges) size you up instantly. Your age, gender, race, appearance, body language, how you speak – it all impacts subconscious impressions.

Youth, steady employment, higher education, ties to community groups, family support, sincere remorse if relevant – these help humanize you as more than just “the defendant.” I’ll craft narratives to highlight your redeeming traits.

But if you have an extensive criminal history, appear defiant, even membership in an unpopular group, that fuels bias against you. I still have tactics to counter the negatives. But it’s wise to know what we’re up against.

I’ll craft the most favorable image possible – within ethical bounds, of course. The truth has some flex. Just don’t lie to me so I’m not blindsided, jeopardizing our credibility.

Your Financial Resources

Hate saying it, but money matters. Affording experienced defense counsel versus an overworked public defender is no small distinction. Expert witnesses to rebut forensic evidence and private investigators to track down witnesses put justice within reach. We can cast doubt.

If funds are tight, costs capped by the judge, we’ll still give 110% effort. But options narrow. Plea bargains grow enticing if they’re reasonable. Few cases go to trial with an underdog defense.

I hate that justice appears for sale. But there are enough ways for the well-off to buy an edge that leveling the playing field requires using those same tools. We play the cards we’re dealt.

Intangibles

Despite best efforts, randomness exists too. Who shows up for jury duty that day? What’s the judge’s mood? Does a witness miss the trial date? Does a surprise ruling alter dynamics?

Luck – good and bad – is always a player. I’ve won slam dunk cases and lost head-scratchers. The “jury of your peers” concept has inherent variability.

But through knowledge and preparation, we tilt luck in our favor. I plot out scenarios, have countermoves for the countermoves. Give me surprise wrinkles – I live for the thrill of thinking on my feet.

I don’t rely on luck. I make my own. You can bank on that.

So What Are the Odds?

Set your expectations properly. With a skilled, seasoned defense lawyer, we have a fighting chance, maybe better. I’ll craft the strongest case allowable, exploit every advantage. We’ll redefine “reasonable doubt.”

But I also must be frank if long odds stare us down. May still be worthwhile to trial for the experience, preserving issues for appeal. Other times a plea bargain makes practical sense.

You’ll decide your tolerance for risk. I simply ensure you make that decision armed with unfiltered knowledge of the landscape.

The statistics paint a general picture. The human elements shift the equation. Understanding all these facets allows us to chart the most favorable path forward.

Now let’s get to work! We have a lot to do. The odds are just numbers…until we beat them.

I’m here to answer all questions and concerns. Even if it feels hopeless now, stay strong. Together we’ll map out the road to the best possible outcome. One step at a time.

Onward!

 

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CLAIRE BANKS

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RAJESH BARUA

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