One of the questions I get asked most often is, “How many of your cases do you win?” It’s a fair question, but the answer depends entirely on how you define a “win.”
Most people think of courtroom victories in terms of trials and “not guilty” verdicts. But the reality is that most criminal cases don’t go to trial.
Often, the smartest and most successful outcomes happen outside the courtroom through dismissals, charge reductions, or plea agreements.
Let me give you two real examples: one where things went terribly wrong because an attorney handled the case improperly, and one where, by utilizing an honest and realistic assessment of the evidence and a strategic approach to that difficult situation, we saved a client from spending potentially the rest of his life in prison.
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When Poor Representation Leads to Devastating Results
I am currently representing a client who came to me after he had already gone to trial. He had been charged with sexual abuse of a minor. The evidence against him was overwhelming. Before trial, he was offered a plea agreement that would have resulted in an 18-month sentence.
His attorney didn’t push him to take it. He simply told the client, “It’s your choice.”
That’s not what a criminal defense attorney is supposed to do. Our job isn’t just to stand next to our clients; we’re there to counsel them based on our experience, judgment, and knowledge of the legal system. The consequences of shrugging off that responsibility can be catastrophic.
In this case, the client chose to go to trial. As his attorney should have predicted based on the strength of the evidence, he was convicted in short order. After being convicted in a trial, he no longer had the benefit of a negotiated plea agreement with the State and the judge sentenced him to 30 years.
The “win” in this case was to make the client understand and accept the reality of the situation and counsel him to take the plea. The attorney’s failure to do so resulted in a sentence 15 times greater than what he was offered by the State had he pled guilty.
Strategic Advocacy That Saved the Client from a Life Sentence
Contrast that with another case I handled just last week. My client, a young man, was pulled over by police who immediately spotted a gun in the car. When they ordered him out, he panicked and drove off, dragging the officer down an alley and smashing him into a telephone pole.
The officer survived, but the body-worn camera footage left no doubt about what happened. A later search revealed a large quantity of drugs, cash, and two loaded firearms. He was charged with attempted first-degree murder of a police officer, plus serious drug and firearm offenses. He faced life in prison, with additional decades of potential exposure.
This was the textbook definition of an open-and-shut case. But I didn’t tell my client to “do what feels right.” I gave him honest, experienced, and sometimes hard-to-hear advice. I worked tirelessly in negotiations with the prosecutor, who initially wanted 30 years. Eventually, I convinced the State to drop the attempted murder charge and cut their recommendation by a full decade.
In the end, he was sentenced to 10 years, with parole eligibility in just 5. For a client who could easily have faced life, that is a clear, hard-earned win.
The Importance of Hiring an Experienced Defense Attorney
The real work of criminal defense is about making smart, strategic decisions that protect your client’s future, even when those decisions may not read “not guilty.” Winning sometimes means knowing when to fight and when to negotiate the best deal possible.
At Silverman Thompson, we evaluate your unique case based on your individual circumstance and what your potential best outcomes are. Known for our aggressive and pragmatic approach to criminal defense, our trial attorneys boast over 1,000 court appearances each year, with countless other representative matters.
Silverman Thompson’s criminal defense practice is led by Brian Thompson, a former prosecutor who has dedicated his career exclusively to criminal defense since 1998. With a proven record in defending thousands of clients facing charges from misdemeanors to serious felonies, including murder, Mr. Thompson brings a unique depth of knowledge and commitment to each case.
Contact Brian Thompson directly at bthompson@silvermanthompson.com or 410.659.9930 to discuss how his team can help you in your case.