Will My Case Actually go to Trial?

Posted by Erik Hoyle | Feb 13, 2024 | 0 Comments

The question of whether your case will go to trial depends on a variety of factors, including the nature of the case, the evidence available, the strategies of the parties involved, and the legal system of your jurisdiction. Here are some factors that can influence the outcome:

  1. Nature of the Case: Some types of cases are more likely to go to trial than others. Criminal cases have a higher likelihood of going to trial if the accused pleads not guilty and disputes the charges. Civil cases might go to trial if there's a significant dispute over facts or the law that cannot be resolved through pre-trial motions or settlement.

  2. Evidence: The strength and amount of evidence can greatly impact whether a case goes to trial. If one party has a strong case supported by substantial evidence, the other party might opt to settle or plead guilty (in criminal cases) to avoid the risk of a more severe judgment or sentence.

  3. Settlement Negotiations: Many cases are resolved through settlement negotiations before they reach trial. Parties might prefer to settle to avoid the costs, risks, and public exposure of a trial. The willingness of the parties to compromise plays a crucial role here.

  4. Pre-Trial Motions: Pre-trial motions can resolve some or all aspects of a case. For example, a motion to dismiss or a motion for summary judgment can end a case before it goes to trial if the judge finds there's no need for a trial based on the law and the facts presented.

  5. Legal Strategy: Lawyers for both sides will develop strategies based on the strengths and weaknesses of their cases. This can include pushing for a trial if they believe it's in their client's best interest or seeking a settlement or plea bargain if that seems like a better option.

  6. Jurisdictional Practices: Some jurisdictions have higher rates of settlement or alternative dispute resolution methods, such as mediation or arbitration, which can prevent cases from going to trial.

If you're involved in a legal case and wondering about the likelihood of it going to trial, it's important to discuss these factors with attorney Erik Hoyle. He

can provide you with advice tailored to the specifics of your case, including an assessment of how these factors apply and the best strategy moving forward.

About the Author

Erik Hoyle

Erik grew up in a small town in upstate New York. He enlisted in the Army at age 17 and has spent most of his adult life serving in the military. Erik deployed twice to Iraq, earning a Bronze Star, Purple Heart, and Army Commendation Medal with Valor device for his actions in combat. Erik later c...


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