How Going to Trial Can Backfire

Many people find themselves on the wrong side of the law. It might happen to someone who’s not in the best frame of mind, and they make a mistake. It can even happen to individuals who generally consider themselves to be very law-abiding.

Everyone has temporary lapses of reason, and if yours means you committed a crime and got caught, that can feel humiliating and frightening. It’s tough to know what to do in that situation, especially if you’ve had little or no previous firsthand experience dealing with cops, judges, and lawyers as a criminal defendant.

After hiring a good criminal defense lawyer, you’ll face the decision of whether to accept a plea deal or go to trial. While your attorney and possibly your family can advise you, ultimately, the choice is yours.

With that in mind, let’s examine what happens when you accept a plea deal compared to going to trial.

Most Criminal Cases Don’t Go to Trial

First, it’s important to note that few criminal cases actually go to trial. Out of the many cases moving through the courts, most end with the defendant taking a plea deal.

If the prosecutor is offering a plea deal, it means they want you to plead guilty to a lesser charge in exchange for a lighter sentence. For instance, someone accused of reckless driving might be offered a plea deal in which they plead guilty to careless or improper driving instead.

Typically, a plea deal will offer reduced criminal charges, not civil ones. Most often, you will still plead guilty to lesser criminal charges than you originally faced. Most prosecutors prefer plea deals for less serious offenses as they reduce jury trials and help clear case backlogs.

However, in some cases where you’ve committed a high-profile crime, the prosecutor may not want to offer a plea deal. That’s because they would like to make an example of you. By doing so, they can claim that they’re tough on crime, which could come in handy if they’re upwardly mobile and one day decide to run for public office.

If you reject a plea deal, you will likely have to go to trial to face the full charges. Prosecutors may become more determined, seeing your refusal as a challenge, which can make your case more adversarial.

What Happens if You Accept a Plea Deal?

Let’s say you’ve committed a crime, or you’ve at least been accused of one. The prosecutor offers you a plea deal, and you accept it.

That means you’re facing lower charges, and if what you did isn’t considered too egregious, it might not result in any jail time. You may need to pay a fine or do some community service, depending on what you did or the structure of the plea you were offered.

However, if what you did is considered to be relatively serious, then you might still have to spend some time in jail or even prison. Even if this is a first offense, and you had a squeaky-clean record prior to the event in question, you’re looking at jail time if that’s what the law demands.

Also, if you plead guilty, that charge stays on your record and follows you wherever you go. If it’s a felony, that automatically disqualifies you from some jobs and makes it much less likely you’ll be able to get others.

That’s part of why some people reject a plea deal and choose to go to trial. It’s true you might lose and be found guilty of more serious charges. If you’re acquitted, though, you avoid any penalty, which motivates some defendants to turn down plea bargains, even against a lawyer’s advice.

Now, let’s consider what happens if you choose not to accept a plea deal.

What Happens if You Go to Trial?

Many people who are innocent of the crime or crimes they’re accused of accept plea deals. They may not want to do it, but if their lawyer tells them that it’s the best and safest move, they might feel they have little choice. By doing so, they’ll face the penalties that go with that lesser crime, but hopefully that won’t include any jail time.

The problem is, though, if you didn’t commit the crime of which you stand accused, then you may not want to accept a plea deal, even if your lawyer tells you that it’s prudent. You might insist on going to trial so you can get your day in court and see justice play out.

If you insist on a trial, the prosecutor will pursue the original charges aggressively. You should realize that plenty of innocent people have been convicted before. The justice system is far from perfect.

The real question is whether you and your lawyer feel you have enough evidence to cast doubt on your guilt. Yes, you may be innocent, but can you prove it? Do you have any material evidence that strongly suggests someone else committed the crime or crimes of which you stand accused?

This is the fundamental question you often have to look at if you’re deciding whether or not to accept a plea deal. Regardless of whether or not you actually committed the crime, the heart of the matter is usually how you can represent yourself in court.

If you can put forth the appearance of being generally law-abiding, and you have sufficient evidence to cast doubt on whether you’re guilty of the charges being brought against you, then that might be enough impetus to go to trial, no matter how enticing the plea deal seems.

This Decision Can Impact the Rest of Your Life

If the charges against you are relatively minor, then accepting a plea deal might mean you’re not looking at very substantial penalties. A clean record going into this experience will also be to your benefit, as this demonstrates to both the prosecutor and judge that this was a temporary lapse in judgment or a one-time mistake.

If you’ve been convicted or charged with crimes in the past, then that speaks to a pattern of behavior society frowns upon. That could come up at trial if you do decide to go in that direction.

What’s most important to remember about all this, though, is that if you turn down a plea deal and go to trial, you could be found innocent, in which case your record will remain clean, at least as far as it relates to these particular charges. You won’t have a conviction on your record, even for a less serious offense, which can help you when you apply for jobs and a company runs a background check.

If you turn down a plea deal and are found guilty at trial, you face the maximum penalties, which may include long prison sentences, high fines, and a permanent conviction on your record. This can have serious, lasting effects on many aspects of your everyday life.

If you find yourself in this situation, focus on understanding your options. Consult a trusted lawyer to learn the potential consequences of a plea deal versus a trial. Ultimately, this decision will likely impact your future, so ensure you are prepared and informed before proceeding.