When most people think of criminal defense they think of Perry Mason or Matlock standing in a courtroom and arguing to a jury about why their client is innocent. In reality this rarely happens and that is because of the huge risks involved with going to trial. Most cases are settled before trial because settlement provides defendants with a more certain outcome that they can rely on. While going to trial could possibly end in a much better result than the offered plea agreement it could also end much worse. Although taking a deal is the norm some individuals still take their case to trial and are successful, below are some reasons why someone might decide to take their case to trial.
Reasons to go to Trial
Nothing to Lose
In some situations because of criminal history or other factors the prosecution may not be offering a plea agreement at all, or the plea agreement may be so bad that it is as if they are offering nothing at all. In these cases the alternative to going to trial is just pleading guilty to the charge that was brought and await for the judge’s decision on sentencing. Therefore the defendant essentially has nothing to lose by taking the case to trial and seeing if he can get the prosecution to change their mind about a deal because they don’t want to go to trial or see if they can convince the jury that they are innocent. While I say there is nothing to lose, in most cases there is an additional fee to their attorney that they may lose by taking the case to trial, which is definitely something to consider when making the decision about going to trial.
Calling the Bluff
Defendant’s usually don’t want to go trial because of uncertainty and prosecutors are the same way. They would rather have a for sure conviction then go through the process of trial and possibly come up with nothing. Furthermore, the prosecutor may be worried about flaws in their case such as suppression issues or being able to get witnesses to testify, and that can lead them to offer get plea deals to get rid of the case. So in some situations the defendant may try and call the prosecutors bluff and try and take the case to trial to see if the prosecutor simply dismisses the case because they can’t get a witnesses to show up to testify.
Your Day In Court
Finally one of the most compelling reasons for most people on why they take their case to trial is because they don’t feel as if they are guilty and they want their day in court to let that be know and fight for their innocence. While this is a very commendable reason to go to trial it does not however preclude the possibility that the jury or judge could still find your guilty even if you know with absolute certainty that you did not do what they say you did. The justice system makes mistakes and sometimes innocent people are convicted and it is important to know that before you take your case to trial.
Ogden Criminal Defense Attorney
If you are being charged with a crime and think you may want to take your case to trial the first thing you need to do is speak to an attorney. At Ogden Criminal Defense we have represented hundreds of clients and we can help you understand the benefits and risks of going to trial so you can make an informed decision about your case. The consequences attached to criminal cases are huge so you should not be making any decisions that you are not sure about. Call Ogden Criminal Defense for a free consultation today to get your questions answered and the help you need.