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Plea Bargaining and Trial
Plea Bargaining vs. Going to Trial in Criminal Cases
When charged with a crime, most defendants face a big decision – accept a plea bargain or take their case to trial. The choice involves weighing many factors and risks. Understanding how plea bargaining compares to a trial can help make an informed choice.
Plea Bargaining Basics
Plea bargaining involves negotiating an agreement where a defendant pleads guilty or no contest to resolve a criminal case. It often entails [1]:
- Pleading to lesser charges
- Having charges dropped or reduced
- Agreeing to a recommended sentence
In exchange, the defendant avoids trial and gains some certainty over the outcome.
Going to Trial Basics
Choosing to go to trial means maintaining your plea of not guilty and requiring the prosecution to prove guilt beyond a reasonable doubt. At trial, the defense gets to [2]:
- Cross-examine prosecution witnesses
- Challenge the evidence against you
- Call your own witnesses
- Testify on your own behalf
The jury or judge then decides if you are guilty or not guilty.
Benefits of Plea Bargains
Potential benefits of accepting a plea bargain include:
- Lesser charges, dropped counts = lower sentences
- Avoid mandatory minimum sentences
- Quick resolution saves time and money
- More predictability over sentencing outcomes
- No risk of losing at trial and getting maximums
Risks of Plea Bargains
Some risks or downsides associated with plea bargains:
- Pleading guilty has immigration, employment, and other consequences
- Admitting guilt even when innocent due to pressure
- Waiving right to trial, appeal, and civil lawsuits
- Agreeing to unfair bargains due to coercion
- Harsher sentences if deal’s terms are not fulfilled
Benefits of Going to Trial
Reasons why some defendants choose to reject plea deals and go to trial include:
- Avoiding stigma of pleading guilty
- Fighting charges when innocent
- Putting prosecution to their burden of proving guilt
- Chance of acquittal and total exoneration
- Public airing of flaws in prosecution’s case
Risks of Going to Trial
Some risks and downsides of rejecting plea bargains and going to trial:
- Possibility of conviction and harsher sentences
- Time-consuming and expensive court process
- Trauma of testifying and undergoing cross-examination
- Media coverage and publicity
- Prosecution portraying refusal to plead as lack of remorse
When to Accept a Plea Bargain
It may make sense to accept a plea offer when [2]:
- Facing long prison sentence if convicted at trial
- Strong evidence against you would likely lead to conviction
- Charge or sentencing concessions are significant
- Want a quick resolution with certainty over punishment
When to Reject a Plea Bargain
Reasons to potentially reject a plea deal and go to trial [2]:
- You are completely innocent
- Case against you is weak
- Offer requires pleading guilty to original top charges
- Proposed sentence is close to the maximum if convicted at trial
Consult an Attorney
The choice between plea bargaining and trial is complex. Experienced criminal defense lawyers can advise clients by [2]:
- Objectively assessing the strength of the prosecution’s case
- Negotiating the best possible plea bargain terms
- Preparing strong defense strategies for trial if needed
In the end, the defendant must weigh all options and decide their preferred course.