if you ask for a jury trial and lose , will that make your punishment greater?

Asked 9/24/2009 under Criminal Defense | 237 View(s) | More Legal Topics

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Robert Johnston / Law Office of Robert J. Johnston Attorney Answered 2 years ago | Contributor This attorney is licensed in South Carolina

It depends. Unfortunately, it does often make the judge give you a stronger sentence. Especially when the solicitor makes an offer and the defendant refuses the offer, and the judge feels that it was a fair offer. This doesn't mean that the judge will always give a harsher sentence. But it does happen. It just all depends on the charge, what the offer was, the facts of the case, and so on. Also, sometimes when a person goes to trial and is found guilty, the judge feels as though the person has not taken responsibility for the crime. And if they had taken responsibility for it, then they would have just plead guilty and not gone through a trial. Its not always fair, but that's just the way it is.

In your particular case, I have no idea in the world if the judg would give you greater punishment if you lost a trial. I would need to know some things about the case. I do not charge people for consultations and if you want to call or email me I am happy trying to help.

You are very welcome to call or email if you have any questions.
 
My law firm is in Horry County, but I represent people around the whole state.
 
Robert Johnston        Attorney
Location:                   Myrtle Beach (Horry County)
Email:                        LawyerSC@aol.com
Phone:                      843-828-1137
Web Site:                  RobertJohnstonLaw.com
Areas of Practice:     Criminal Defense & Personal Injury

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