Last Updated on: 19th October 2023, 12:30 pm

Should I Take a Plea or Go to Trial?

Facing criminal charges can be an incredibly stressful and confusing time. You may be wondering whether to take a plea deal or go to trial. This is a huge decision with major consequences that requires careful thought and advice from your attorney. Here’s an overview of some key factors to consider when deciding between a plea bargain or trial.

Gathering Information for Your Decision

To decide between a plea bargain and trial, you need to understand:

• The Charges – The laws you’re accused of breaking and the statutory penalties.
• The Evidence – All the prosecution’s evidence and how convincing it is.
• Possible Defenses – Any defenses your lawyer thinks could get charges dismissed or lead to acquittal.
• Your Prior Record – How your criminal history affects the case outcome and sentencing.
• The Plea Offer – How proposed plea terms compare to potential penalties after trial.
• Risks and Costs – The risks of losing at trial and higher legal expenses.

Don’t be afraid to ask lots of questions so you understand how these factors affect your choice between a plea deal or trial. It’s your life, so you deserve all the information.

Plea Bargaining Strategies

If you decide to pursue a plea bargain, here are some strategies to consider:

• Cooperate Early – Providing substantial cooperation early in the case may lead to better plea offers from the prosecution.
• Offer Pre-Plea Restitution – Offering to pay restitution upfront, before a plea deal, can demonstrate acceptance of responsibility.
• Request a “Deferred Prosecution” – You may qualify to have charges dismissed after a probationary period by showing remorse and compliance.
• Apply for Diversion Programs – These programs can lead to avoiding conviction and record if completed successfully.
• Negotiate Charge Reductions – Plead guilty to lesser charges in exchange for dismissal of more serious ones.
• Argue for Sentencing Leniency – Emphasize mitigating factors to try to get a more lenient sentence recommendation.

An experienced plea negotiator can help craft the most favorable bargain possible. Don’t hesitate to have your lawyer fight hard on your behalf.

Making the Final Decision

Deciding between a plea bargain and trial is difficult. Here are some final tips:

• Make a list of pros and cons and discuss it thoroughly with your lawyer.
• Get input from loved ones you trust, but make the choice yourself.
• Don’t let fear of trial pressure you into a bad plea deal.
• Imagine how you’ll feel if convicted at trial when weighing options.
• Don’t rush the decision – take time to analyze your options carefully.

Stay positive and keep in mind that this will pass and you still have a future ahead. With patience and your lawyer’s counsel, you’ll make the best choice for your situation.

What Happens After Taking a Plea Bargain

If you accept a plea deal, here’s what to expect next:

1. Change of Plea Hearing – You’ll appear in court and formally enter your guilty or no contest plea.
2. Plea Colloquy – The judge will question you to ensure your plea is voluntary and informed.
3. Plea Acceptance – If accepted, the judge will find you guilty based on your plea.
4. Sentencing – A future hearing will be scheduled for you to be sentenced per the plea terms.
5. Fulfilling the Sentence – You’ll serve any negotiated jail time, pay fines, and complete probation.
6. Record – You’ll now have a criminal conviction on your record.

It’s critical to comply with all conditions of your plea agreement and sentence. Violations could result in additional charges and penalties. Complete all terms successfully and you can finally put the case behind you for good.

Preparing for Trial

If exercising your right to trial, thorough preparation will be key to success. Be ready for the process to take many months as your lawyer:

• Files motions to get evidence and charges dismissed.
• Investigates the case fully and interviews witnesses.
• Researches defenses and develops trial strategy.
• Identifies experts to testify for the defense.
• Prepares you to credibly tell your side of the story if you testify.
• Rigorously prepares for jury selection and questioning of all witnesses.

Your lawyer will likely hire investigators, forensic specialists, and others to build the strongest case possible. You’ll need to actively assist them and testify truthfully if you take the stand.

What to Expect at Trial

If your case goes to trial, the process will likely include:

• Jury Selection – Attorneys question and select jurors who will decide the verdict.
• Opening Statements – Lawyers present overviews of the evidence and case themes.
• Prosecution’s Case – Prosecutors call witnesses and present evidence trying to prove guilt.
• Defense Case – Your lawyer presents evidence and witnesses supporting your innocence or raising doubt about guilt.
• Closing Arguments – Attorneys make final pitches to the jury before deliberations.
• Jury Deliberations – The jury discusses the case privately to reach a unanimous verdict.
• Verdict – The jury acquits or convicts on each charge.
• Sentencing – If convicted, the judge will schedule a sentencing hearing later.

The judge will ensure proper procedures are followed throughout the trial. Remain positive and let your lawyer handle countering the prosecution’s case.

Conclusion

Deciding between a plea bargain and trial is a major decision with lifelong ramifications. Arm yourself with information about the case and weigh the pros and cons of each option carefully. An experienced criminal defense lawyer is key to getting the best possible outcome for your situation. Believe in yourself and explore every option before making this life-changing choice.