A Perspective from Kansas Criminal Defense Attorney Vincent Rivera
As a criminal defense attorney in Kansas, I frequently get asked about win rates for trial lawyers. It's important to understand that win rates can be a misleading measure of a lawyer's skill, given the many factors that influence outcomes in the courtroom. On this page, we'll explore the reasons why prosecutors generally have higher win rates than criminal defense attorneys and why focusing solely on win rates can be misleading.
The Power to Dismiss Cases
One of the main reasons prosecutors have higher win rates is that they can dismiss cases before they go to trial. This means they can choose not to pursue cases they believe are weak or unlikely to result in a conviction. By dismissing these cases, prosecutors maintain higher win rates, as they only bring their strongest cases to trial.
Plea Bargains in Weak Cases
In cases where the prosecution has a weaker case, they may offer a plea bargain that is too good for the defendant to pass up. This allows the prosecution to secure a conviction without going to trial and risking a loss. As a result, the prosecution's win rate remains high, as they don't take cases to trial that they might lose.
Pro-Conviction Statutes
The statutes governing criminal law often lean in favor of securing convictions. This is because lawmakers create these statutes with the goal of punishing criminal behavior and protecting the public. As a result, the laws themselves can be skewed in favor of the prosecution, which can increase their win rate.
Pro-Conviction Case Law
Similarly, case law – which is the body of past judicial decisions – tends to favor the prosecution. These precedents are used to interpret statutes and can influence the outcome of trials. Because judges typically err on the side of public safety and maintaining law and order, their decisions often lean toward conviction, boosting the prosecution's win rate.
Jury Bias
Lastly, juries can have a pro-conviction bias. Many jurors believe that if a person is on trial, they must have done something wrong. This bias can make it more difficult for a criminal defense attorney to secure an acquittal or a not guilty verdict, even when the evidence is weak or circumstantial.
How Rivera Law Can Help You
While it's true that prosecutors generally have higher win rates than criminal defense attorneys, it's essential to understand the factors that contribute to this disparity. As a criminal defense attorney, I believe that focusing on the specifics of each case and providing the best possible defense is far more important than chasing after an arbitrary win rate.
Remember, when choosing a criminal defense attorney, don't just focus on their win rate. Look for experience, expertise, and a commitment to providing a vigorous defense on your behalf.
If you find yourself facing criminal charges, you need someone who will fight for you and tell your story. That's where Vincent Rivera comes in. With a decade of experience as a Kansas criminal defense lawyer, Vincent has handled a wide range of cases, from drug possession to felony murder.
Vincent knows how to navigate the legal system and will work tirelessly to ensure that your rights are protected. Plus, his dedication to improving his skills and sharing his knowledge with others shows that he is committed to being the best advocate possible for his clients. Don't let the system just keep turning without someone to speak up for you. Let Vincent be your voice and tell your complete story to the court.
