That’s often their cue to start talking about “the facts of the case.” It is at this point that each lawyer will begin reciting or referencing all of his/her client’s constitutional rights, including: 1) The right to be free from unreasonable search and seizure; 2) The right against self-incrimination; 3) The right not to incriminate yourself by making a statement that could later be used against you in court; 4) The right to counsel (meaning someone who has no conflict of interest); 5) The right under the Constitution not to have your property forfeited because you are considered guilty until proven innocent (commonly known as “innocent until proven guilty”); 6) And finally 7), 8), 9), 10). . . etc.. This list could go on for pages, but it does help when they get down into the weeds for people like me who want clear answers before we enter into these negotiations. These are typical questions I ask if I am meeting with one or more attorneys already hired by my family members in an effort to settle their cases without having them spend endless hours in court only finding out that our loved ones will soon face trial.
I find it helpful when jurors see how many times different defense lawyers say things like “no reasonable juror would convict based upon what happened here, so therefore there can be no reasonable verdict entered!” If they are smart, most jurors are