Many criminal defense attorneys have never tried a case to verdict before a jury. They negotiate plea deals, appear at sentencing hearings, and handle motions—but when cases require trial, they lack the experience to effectively advocate for their clients. Over my career, I have tried more than 25 jury trials in both state and federal courts, and this experience fundamentally shapes how I approach every case.
In 2019 alone, I tried four jury trials—more trials than some criminal defense attorneys try in their entire careers. This volume of trial experience develops skills that cannot be learned from books or seminars. It creates judgment about what works before juries and what does not.
How Trial Experience Affects Negotiation
Paradoxically, trial experience matters most in cases that never go to trial. Prosecutors evaluate defense attorneys when negotiating plea offers. They know which attorneys will actually try cases and which will accept whatever deal is offered to avoid trial preparation.
When prosecutors know an attorney is willing and able to try cases effectively, plea negotiations reflect that reality. Better offers emerge because the government recognizes the risk of going to trial against experienced counsel. My track record of acquittals and hung juries influences how prosecutors approach negotiations with my clients.
Cross-Examination Skills
Effective cross-examination develops through practice before actual juries. You learn to read juror reactions, adjust questioning in real time, and extract admissions that undermine the prosecution’s case. These skills cannot be fully developed in mock trial exercises or courtroom observation.
In the Club Bodi murder case, my cross-examination of the lead investigator exposed lies that created reasonable doubt. Ten of twelve jurors voted to acquit. That result came from cross-examination skills honed over dozens of trials, not from theoretical knowledge of questioning techniques.
Understanding Jury Psychology
Juries are composed of ordinary people trying to reach just decisions based on evidence and argument. Understanding how jurors process information, evaluate credibility, and reason toward verdicts requires observing actual juries deliberate and return verdicts.
Through trial experience, I have learned which arguments resonate with North Carolina jurors and which fall flat. I understand how to present complex evidence accessibly. I know how to humanize clients while challenging government witnesses. This knowledge comes only from trying cases.
Federal Trial Competence
Federal trials present unique challenges distinct from state court practice. Federal rules of evidence, sentencing guidelines, and procedural requirements differ significantly from state practice. The jury pool draws from across the district rather than a single county. Courtroom culture and judicial expectations vary between federal and state systems.
My federal trial experience includes winning acquittals on firearm charges in the Eastern District and prevailing in suppression motions in complex multi-defendant prosecutions. This federal experience complements state trial practice to provide comprehensive representation.
Capital Case Preparation
As a member of the Capital Defender First Chair Roster, I am qualified to try death penalty cases as lead counsel. This appointment requires demonstrated competence in capital defense, including understanding penalty phase proceedings where juries decide between death and life imprisonment.
In 2019, my co-counsel and I saved a client from the death penalty in a triple homicide case by presenting compelling psychiatric mitigation. The jury chose life imprisonment over death. That outcome required capital case skills developed through specialized training and prior capital experience.
Evaluating Your Attorney’s Trial Experience
When selecting a criminal defense attorney, ask specific questions about trial experience. How many jury trials have they tried? In which courts? What were the outcomes? General claims of “experience” matter less than demonstrated trial competence in cases similar to yours.
If you face serious criminal charges, you need an attorney prepared to try your case if necessary. Even if negotiation produces an acceptable outcome, the credible threat of trial shapes the entire process. Contact The Chetson Firm to discuss how my trial experience can benefit your defense.