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It all comes down to our adversarial legal system. Think of it this way: let’s say we want to split a pile of M&Ms. To be fair, you tell me how many you want, and I’ll tell you how many I want, and we’ll divide them proportionately. Well, you’re going to say "Infinity" if you’re smart. Otherwise, I will, and I’ll get all of the M&Ms. Even if you really only want half of them, you’ll get zero unless you also say "infinity".
That is, essentially, what a lawyer does. They represent you. To represent you best, they have to start with the position that everything not nailed down belongs to them. And you’d better have your name on those nails.
The same thing applies in criminal trials. It’s not the defense attorney’s job to find the "right" punishment for you. It’s his or her job to get you the minimum possible sentence, because it’s the prosecutor’s job to give you the maximum possible sentence. If your defense attorney isn't going to seek the minimum sentence, you'll just find one who will.
Kelly Robbennolt
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