Going to trial in criminal cases
Do I always have the right to have my case tried before a jury?
Fortunately, in the United States, we have a process that affords rights to the criminal defendant. Those rights have been secured by the United States Constitution and ere in East Tennessee, by the Tennessee Constitution, which is basically the governing body of law for the state of Tennessee.
Those inalienable rights give you the right to a trial by jury by that constitution. Anytime you find yourself charged, you have the opportunity to be tried by a jury of your peers.
Going to trial in civil cases
Will my case go to trial?
That’s a question we get confronted with every day at Banks & Jones, and it involves a lot of factors. The reality is most cases will not end up going to trial. Most cases will resolve before a lawsuit is filed. Even if a lawsuit is filed, probably 90 to 95% of cases resolve prior to trial, so the odds are in your favor that you will not go to trial.
However, what is very important is that you have a lawyer that is prepared to go to trial, and you have a lawyer that regularly does go to trial. The reality is, a lot of lawyers out there are in their office and they haven’t seen a courtroom in quite a long time. We’re not that kind of lawyer at Banks & Jones. We go to court every day. If I have an accident, you need to contact us.
What are the benefits of going to trial?
Well, if you’re not being offered enough money to resolve your case, the benefit of going to trial is that, in the end, the insurance company isn’t in charge of how much your case is worth. That is up to jury of 12, and you have an absolute right to pursue your case there. It’s important to have an attorney that is experienced in the court room, that has tried jury trials, and does try jury trials on a regular basis. We do that at Banks & Jones. And if you’re in a situation or you’re not satisfied with how your case is being handled, you can contact us.
What are the benefits of settling a case out of court?
Well, there’s a number of benefits, the first of which is speed: that you get your case resolved faster, and you get paid faster. The other benefit is that when your case resolves, you won’t have as many expenses associated with your case, so in that way you’ll get more money.
But, it’s important that you do not settle your case short – that if you are not being offered enough money you have an attorney that won’t just wholesale your case and get rid of it, but an attorney that will fight for every dollar you’re entitled to. I am that attorney at Banks & Jones. You can contact Banks & Jones at 865-546-2141 or our website at banksjones.com.