Plea Bargains vs. Trials in Miami Criminal Cases

Plea Bargains vs. Trials in Miami Criminal Cases

When someone gets arrested for a crime in Miami, they got two main options – take their case to trial or try to make a plea bargain with the prosecutor. Both got pros and cons people need to think about. Let’s take a look at how each one works and what to consider.

What’s a Plea Bargain?

A plea bargain is when the defendant makes a deal with the prosecutor to plead guilty or no contest to a charge, in exchange for some kind of concession. This usually means pleading to a lesser charge or getting a lighter sentence. The defendant avoids the risk of trial and getting a harsher punishment if found guilty. The prosecutor saves time and resources by not having to do a full trial. Plea bargains resolve most criminal cases in Miami – like 90% or more^[1].

There’s two main types of plea bargains:

• Charge bargaining – Pleading to a lesser charge, like pleading to misdemeanor assault instead of felony assault.
• Sentence bargaining – Pleading guilty as charged, but getting a lighter sentence, like 3 years instead of 5 years in prison.

The prosecutor has a lot of power here cause they decide what deals to offer, if any. Defense lawyers try to negotiate the best deal possible for their client. But the judge has the final say – they can reject a plea bargain if they think it’s not fair. That doesn’t happen too often though.

Pros of Plea Bargains

There’s some good reasons why most people take plea bargains instead of going to trial in Miami:

• Avoids trial risks – Pleading guilty locks in a known outcome instead of risking conviction at trial and maybe a super harsh sentence. Even innocent folks may take a deal to avoid rolling the dice.
• Lighter punishment – Plea deals often come with lesser charges or lower sentences than defendants would get if convicted at trial.
• Saves time and money – Trials are expensive and take forever. Plea bargains speed things up for everyone involved.

Cons of Plea Bargains

Plea bargaining also has some real downsides to think about:

• Innocent people plead guilty – When facing serious charges and long sentences, innocent defendants may plead guilty just to avoid harsh punishment if convicted at trial, even though they didn’t do it.
• Too much power for prosecutors – Prosecutors have total control over what plea deals to offer and can use that power unfairly if they want to.
• No public trial – Plea deals happen quietly in back rooms instead of in open court. So the public doesn’t get to see what happened.

What Happens at a Criminal Trial?

Now let’s look at what happens if a defendant takes their case to trial instead of making a plea bargain. There’s a couple different types of criminal trials in Miami:

• Bench trial – No jury, the judge decides the verdict after hearing the evidence.
• Jury trial – A jury of 6 or 12 people hears the case and returns a verdict of guilty or not guilty.

Trials follow strict rules of evidence and procedure. It starts with selecting a jury if it’s a jury trial. Then the lawyers make opening statements where they explain the case. Next, the prosecutor calls witnesses and presents evidence trying to prove guilt. The defense can cross-examine them. After the prosecution rests, the defense can call their own witnesses and present evidence. Closing arguments come last. The jury or judge then decides the verdict. Felony trials can take weeks or even months.

Pros of Criminal Trials

Some benefits of taking a case to trial instead of pleading guilty include:

• Public process – Trials happen in open court instead of backroom plea deals. The public sees what happens.
• Chance of acquittal – Defendants might beat the charges if the evidence isn’t strong enough.
• Make the prosecution prove its case – Prosecutors have to present solid evidence to convict at trial, not just threaten defendants with harsh sentences.

Cons of Criminal Trials

Trials also have some drawbacks:

• Risk of harsher punishment if convicted – Defendants often get longer sentences after trial than with plea deals.
• Very expensive – Trials cost a lot more money than plea bargains for both prosecutors and defendants.
• Take a long time – Trials take months compared to plea deals which resolve cases quickly.

Key Factors in Deciding

Whether to take a plea bargain or go to trial is a big decision. Every case is different, but here’s some key things for defendants to think about:

• How strong is the evidence against you? Is conviction likely?
• Are you actually innocent or do you have a valid defense?
• How much time are you facing if convicted at trial vs. the plea offer?
• What’s your priority – avoiding jail time or fighting the charges?
• How strong is your evidence compared to the prosecution’s?
• Can you afford a long expensive trial?

The best thing is talking it all through with your lawyer before deciding. They’ll explain the risks and options for your specific case. Just don’t rush into pleading guilty unless you’re sure it’s the right call. Miami prosecutors play hardball and you gotta be ready to push back.

Bottom Line

Plea bargains are how most cases get resolved in Miami. Trials are rare. There’s good reasons for both options. Talk to your lawyer and think hard before picking what’s best for you. Freedom is on the line. Good luck!

References

[1] Bureau of Justice Statistics, “Plea and Charge Bargaining” (2011)https://bjs.ojp.gov/content/pub/pdf/pcbcp.pdf