Most have heard the cliché “don’t do the crime, if you can’t do the time.” For many criminal defendants, however, a significant factor in the time served is not just the crime committed, but rather the so-called “trial penalty.”
A “trial penalty” describes situations where a defendant chooses to proceed to trial instead of accepting whatever plea deal the Government had offered and receives a significantly lengthier sentence than she would have received had she not gone to trial. Often the “trial penalty” results in a defendant receiving a much lengthier ...
Blog Editors
Recent Updates
- Can Silence Stop the Clock? How Secrecy May Allow Plaintiffs to Toll the Sherman Act’s Four-Year Statute of Limitations
- Discovery Pitfalls in the Age of AI
- Is the Deal Done? Litigation After Mergers and Acquisitions – Speaking of Litigation Video Podcast
- Eleventh Circuit Clarifies: Discovery Materials Can Be Used to Meet Rule 9(b)
- Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond