Plea Bargains vs. Going to Trial: Pros and Cons

A recent study revealed that only 2.3% of criminal cases make it to trial in federal courts. In addition, very few state-level criminal cases go to trial. What happens to the remaining cases?

For nearly 98% of defendants, their cases will end in a plea bargain. A plea bargain is a deal made by a prosecutor, usually offering the defendant a reduced charge in exchange for pleading guilty.

While this option may be appealing, plea bargains and going to trial come with their own pros and cons.

Plea Bargain: Pros

A plea bargain is an agreement made between a prosecutor and a defendant that the defendant will plead guilty to their charges. In exchange, the prosecutor may recommend that the judge impose a more lenient sentence or even that some of your charges be dropped. The judge will typically agree to the terms of the plea agreement.

There are several benefits to taking a plea bargain, such as:

• You save the time and expense of going to trial
• You avoid the risk of a harsher punishment at trial
• You avoid the publicity of a trial
• You avoid the uncertainty of trial
• You help to decrease the number of cases in an overburdened court system

Plea Bargain: Cons

There are a few drawbacks to taking a plea bargain, such as:

• You waive the right to appeal
• You will give up the chance to have your case heard in front of a jury, who may not convict you
• You will not have the chance to confront witnesses that are testifying against you
• There is a chance that the judge may not approve the plea bargain
• You may serve prison time even though you are innocent

Sometimes, defendants feel coerced into taking a plea bargain when, in reality, it may not be in their best interest. Innocent people have taken plea bargains simply because they think that a jury will convict them at trial.

Going to Trial: Pros

There are several benefits of proceeding to trial, such as:

• Your attorney will be able to present your case to a jury of your peers
• Any objections made by your attorney during the course of the trial will allow these issues to be reviewed upon appeal
• The prosecution must prove your guilt beyond a reasonable doubt
• Your attorney can cross-examine witnesses, allowing relevant evidence to be brought to light
• The jury’s verdict must be unanimous, meaning that all 12 jurors need to agree to convict you

A defense attorney is your legal advocate, so having skilled representation of a California criminal defense lawyer cannot be underestimated.

Going to Trial: Cons

Although going to trial may be the right call in some cases, it does come with certain drawbacks:

• Going to court is expensive and time-intensive
• You are putting y
• our fate in the hands of a jury, who may be unpredictable
• There is a potential that you will have to serve maximum prison time and fines
• If you are using a public defender, your attorney may be bombarded by other cases and not have adequate time to prepare the strongest defense
• Even if evidence is not admitted into the record (i.e., an objection is sustained), the jury will still remember the information, which can work against you

Contact a California Defense Lawyer Today

The legal process can be intimidating. If you have been charged with a crime, you probably are unsure of whether you should take a plea bargain or if you stand a better chance if you proceed to trial.

By hiring a California criminal defense lawyer, you have increased your chances of a successful outcome. Contact us online or by calling 805-643-5555 to schedule your free consultation.