Deciding what to do when you are facing a criminal charge can be challenging, but taking a step back to analyze your case will help you decide the best course of action for you. Since each case is different, there are many facts and factors play into a decision this important, but this article will help you think them through.
- Do you need to decide yet?
If you were just arrested, you do not need to decide immediately whether to enter a plea or go to trial. You will have the opportunity to attend hearings prior to trial. If you qualify, you can request that an attorney be appointed for you. If you want to hire a private attorney, you will have time to follow through with that. It is possible obtain a continuance to have additional pre-trial hearings if there is an appropriate reason. The bottom line is that you shouldn’t feel pressured to decide your case strategy right up front.
- What are your odds of winning at trial?
You need to look at your odds of winning at trial to decide whether to risk it. Is there a witness that may recant or may not be available? Is there a credibility issue that a jury is likely to believe or disbelieve witnesses at trial? How much technology was involved in creating the evidence against you? Is a common person likely to find the evidence reliable? Is the evidence extremely strong, or is there room for doubt?
- Is the plea bargain really to your advantage?
Remember that the prosecutor is your adversary in this situation. Look carefully at the deal that is presented. Is it really valuable to you? For example, a typical offer the prosecutor may make to every defendant with a DUI charge is that the traffic violation will be dismissed with prejudice. Is this really a benefit to you? Can you get more out of a bargain if you wait?
- What are the policies at play?
A prosecutor is likely under the direction of his or her supervisor, and it is helpful to have the advice of an attorney who knows the prosecutor or the office politics. Is the prosecutor reluctant or eager to go to trial? This could determine whether the plea offer gets better or worse as you go along. Are there restrictions to the prosecutor’s ability to offer you a plea?
- What sentence is likely under either scenario?
When you are considering a plea vs. trial, you need to know what punishments are likely with each choice. Make sure you find out all aspects of the prosecutor’s plea. Don’t just focus on the amount of jail time that will be involved, but also find out what counseling, probation and fines will be included. Is there a significant difference between the sentence likely under the plea bargain and the sentence likely if you lose for trial?
These are just a few of the many factors that need to be weighed when choosing between a plea bargain and a trial. Consulting with an experienced criminal defense attorney will typically be helpful to you in making the choice because they can assist in determining the strength of the evidence against you, the extent of advantage the plea bargain really is to you, and the various possibilities for sentencing of the charge if a plea is entered vs. a trial.
