Deciding Whether to Go to Trial in a Federal Criminal Case

If you’ve been charged with a federal crime, deciding whether to take your case to trial or accept a plea bargain can be one of the most stressful and consequential decisions you’ll ever make. I know — I’ve been there. As someone whose gone through the process and come out the other side, I want to share my experience and advice so you can make the best choice for your situation.

First off, don’t panic. I know that’s easier said than done when you’re facing serious criminal charges. But try to take a deep breath and think logically about your options. Making a rash decision under pressure could lead to huge regrets down the road.

Understand the Strength of the Evidence Against You

The single biggest factor in deciding whether to go to trial or take a plea is the strength of the prosecution’s case. If the evidence against you is weak or largely circumstantial, you may have a good chance of beating the charges at trial. But if the prosecution has strong forensic evidence, eyewitness testimony, or other compelling proof of your guilt, the odds of winning at trial go way down.

When evaluating the evidence, some key things to look at include:

• Whether there are credible eyewitnesses placing you at the scene of the crime
• If police obtained physical evidence like DNA, fingerprints, or blood samples linking you to the crime
• Whether prosecutors have incriminating documents, emails, text messages or wiretapped calls implicating your involvement
• If you made any admissions or confessions about committing the crime

If the evidence against you seems flimsy or circumstantial, fightin’ the charges at trial may be worth the risk. But if the prosecution has you dead to rights, accepting a plea bargain could lead to a much lighter sentence than losing at trial.

Consider the Sentencing Differences

Federal criminal cases come with some stiff mandatory minimum sentences if your convicted at trial. Even first-time, non-violent offenders can face 5, 10, 15 years or more in federal prison if found guilty at trial.

By accepting a plea bargain, you can often avoid the lengthy mandatory minimums and get a much shorter sentence. The sentencing difference between pleading and losing at trial can be huge — sometimes even double the amount of prison time. While pleading guilty means accepting responsibility and having a conviction on your record, the dramatically shorter sentence is often worth it.

Factor in the Risks of Trial

Going to trial is always risky, no matter how strong your case may seem. Juries can be unpredictable. Prosecutors sometimes pull surprises like unexpected witnesses. Evidence that seems insignificant could sway the jury.

In addition, by choosing trial you lose control over the outcome. The judge and jury decide your fate. If convicted, you face the maximum penalties with no chance to appeal.

With a plea bargain, you at least have some control and certainty over the outcome. While not always ideal, pleading often leads to a more predictable, shorter sentence.

Consider Your Background and Criminal History

Your background and criminal history will also impact the decision about whether to plead or go to trial. Defendants with long rap sheets and prior convictions tend to get hit much harder if convicted at trial.

Meanwhile, first-time offenders with clean records sometimes get the benefit of the doubt from judges and juries. If you have no criminal past, fighting the charges at trial may be a viable option.

That said, the federal system comes down hard on repeat offenders. So if you have prior convictions, accepting a plea is generally the safer choice to avoid a draconian sentence if you lose at trial.

Talk With Your Attorney

Before making a final decision about pleading or going to trial, have an honest discussion with your defense attorney. Go over the evidence, possible defenses, sentencing exposure, and risks of trial. Get your lawyer’s candid take on the case.

While the final decision is yours, the advice of an experienced federal criminal defense attorney is invaluable. They can provide perspective on the pros/cons of pleading versus trial that you may not have considered.

Don’t Rush Your Choice

Never feel rushed or bullied into making a quick plea decision before understanding your options. The prosecution may try to pressure you to take a deal right away before mounting a defense. Don’t fall for this trap.

Insist on taking time to weigh your choices carefully. Going to trial involves months of preparation. But a rushed plea can also have devastating consequences. Never plead guilty until doing your homework, even if it means postponing the decision.

Consider How Strongly You Feel About Your Innocence

Lastly, consider your inner conscience. If you know deep down you are absolutely innocent, fight the charges no matter how strong the evidence seems. Some people would rather risk a harsher sentence than plead guilty to something they didn’t do.

But if you’re guilty or there’s overwhelming evidence against you, accepting some responsibility usually leads to better outcomes in the end.

Every case is different. Evaluate your options carefully, trust your instincts, and consult closely with your lawyer. Making smart strategic choices early on can save you years of regret down the road.