April 26, 2018

Breaking down the Bill Cosby trial

Bill Cosby's sexual assault trial has begun! Senior Partner Paul Wallin breaks down the case against Cosby and how he would defend him. http://bit.ly/2s5hMs6

Posted by Wallin & Klarich, A Law Corporation on Wednesday, June 7, 2017

 

Comedian Bill Cosby was found guilty on three counts of sexual assault in Montgomery County Courthouse in Pennsylvania on Thursday.

This was Cosby’s second trial on the same charges. In the first trial, the jury could not reach a verdict. The jury that found Cosby guilty of sexual assault on Thursday reached that verdict in a relatively short period of time.

So, why did the same case result in two very different results?

The Difference Between Bill Cosby’s Two Sexual Assault Trials

People often wonder how important a judge’s role is in a criminal jury trial — after all, it is the jury that will be deciding on the guilt or innocence of the accused. However, a judge can make all the difference in the world.

In Cosby’s trial, it was a ruling by Judge Steven T. O’Neill that made it all but a certainty that Cosby would be found guilty.

Bill Cosby found guilty
Bill Cosby found guilty of sexual assault

Prior to the start of the first trial, the prosecution asked the judge to allow several other women who have accused Cosby of sex crimes to be allowed to testify. Prosecuting attorneys argued that allowing these women to testify would show a pattern of conduct by Cosby and convey to the jury that since other women had accused him of similar acts, the alleged victim should be believed.

However, the judge permitted only one prior accuser to testify. Due to this ruling, the jurors in the first trial never learned of the many women who had come forth to accuse Cosby of sexual assault.

Prior to the second trial, the judge made a different decision. He agreed with the prosecution and allowed five women to testify before the jury that Cosby had sexually assaulted them.

This ruling allowed the jurors to conclude that Cosby had a history of sexually assaulting women. Due to this information, jurors were much more likely to believe the complaining witness in the case before them.

A guilty verdict was all but guaranteed.

Why You Need an Experienced Criminal Defense Attorney Representing You

Whether you believe that Cosby was guilty of this crime or not, what you need to learn from this verdict is that your criminal defense lawyer can make all the difference in the world when you are facing a criminal charge.

Prior to a jury trial commencing, an experienced criminal defense lawyer will need to be prepared to file all legal motions available to limit adverse testimony from coming before the jury. If the court rules that certain damaging testimony cannot be introduced at trial, it will greatly increase your chance of obtaining a favorable outcome.

criminal lawyer
You need an experienced criminal lawyer

Another critical thing to remember is that if you are facing a criminal charge, you want to hire an experienced criminal defense law firm that knows the judges that could be assigned to your case. Some judges are very pro-prosecution, while other judges may be more pro-defense.

A skilled criminal lawyer who has experience in the court where your case is pending will know which judge may provide you with the best chance at receiving a positive result.

While your lawyer may not always be able to hand select the judge your case is assigned to, he or she can make a motion to refuse to accept a particular judge if your lawyer knows that judge will not be the best person to preside over your case.

What criminal defense lawyer you decide to hire to help you in your case can make the difference between you spending time in jail or prison and walking out of the court as a free man or woman. Make sure you do your homework before making such a critical decision.

Contact the Criminal Defense Lawyers at Wallin & Klarich Now

The criminal justice system is extremely complex, but an experienced criminal defense attorney can help you successfully navigate the legal system. Our skilled and knowledgeable criminal lawyers at Wallin & Klarich have more than 35 years of experience successfully defending clients facing serious criminal charges. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, our criminal defense lawyers are available to help you no matter where you work or live.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.

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Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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