Understanding When Plea Bargaining Makes Sense and When to Go to Trial

Plea bargaining is an agreement between the accused and the prosecution that allows the accused to plead guilty to less serious charges or fewer counts in exchange for a shorter sentence or dismissal of certain charges. It means both sides decide not to take the matter to trial, which sidesteps all the uncertainties and risks involved in litigating in court. However, it’s vital to understand when to go to trial and when to plead guilty. Here’s what you should know.

When Plea Bargaining Makes Strategic Sense

Accepting a plea bargain may be the best choice if you face strong evidence against you and find yourself with no case in trial. In fact, going to trial is risky when you know police have conducted lawful research and forensic or physical evidence directly connects you to the charges.

The strength of the case against you is not, however, the only aspect you must think about. The personal context you find yourself in carries far more weight. For instance, it’s important to consider if you support dependents, are dealing with an illness that demands regular treatment, or have responsibilities at your job. If so, plea deals can be your only recourse if you hope to keep your life intact.

Financial matters can’t be overlooked here. The costs may include testimony, investigation, trial preparation, and actual trial time, and all these expenses can easily add up to tens of thousands of dollars. Not to mention, if you’re indicted with multiple charges, conducting each trial can be costly business, and the time involved can be exponentially compounded.

However, understanding how local prosecutors approach plea negotiations is important too. For example, a Nassau County criminal defense lawyer understands that local prosecutors assess each case under certain criteria. As a result, they proceed only after assessing their chances of winning and the track record of the judge appointed for the case.

Having an experienced defense lawyer means gaining insight into local prosecutors’ plea bargain styles, which judges are generally lenient with sentencing, and what comparable cases have been resolved in your area. This gives lawyers an edge in determining whether you’re getting a good deal or your initial plea offer should be re-negotiated.

When Going to Trial is a Better Choice

Despite the costs and dangers involved with going to trial, there are times when you must plead not guilty and contest your charges in court. It’s a good idea to proceed to trial when:

• There is weak prosecution evidence, such as inconsistent testimony, violation of constitutional rights during arrest or search, or questionable forensic findings disputed by expert analysis.
• You maintain categorical innocence and evidence against you is circumstantial based on mistaken identity, or is the result of police mistakes. Remember, pleading guilty results in creating a permanent criminal record so you have to be meticulous here.
• The appointed judge is known for the fair application of the law and dismissing charges with legal justification. In this situation, it’s a better idea to go to trial instead of accepting the plea bargain.
• There are collateral consequences of conviction that would affect employment, licenses, immigration, housing, and education permanently.

Endnote

Whether to accept the plea bargain or go to trial is an extremely personal and specific decision. This must be made after an honest evaluation of the case, a sound assessment of your risks, your personal circumstances, and after seeking legal advice. Regardless of which course you decide to follow, you must make this decision with your eyes wide open to all the benefits and costs involved in your choice.