Criminal defense attorneys have long, and rightly, pointed out that there is a “trial penalty” against those criminal defendants who, when faced with a plea offer substantially less than the prison time they would face as a mandatory minimum if they exercise their constitutional right to trial, are essentially forced to forgo their right to have the government prove their guilt to a jury beyond a reasonable doubt.If signed by the governor, HB 3360, as amended, would essentially impose a litigation penalty on civil …