Pros and Cons of Going to Trial When Your Are Charged with a Crime
ShareIf you have been arrested and charged with a crime, you may feel overwhelmed by your circumstances. Although you may be ready for your legal process to be over, your criminal defense lawyer may have already informed you that pleading guilty guarantees you a sentence. Nevertheless, going to trial can be stressful. Here are the pros and cons of going to trial to help you weigh your options:
Pros of Going to Trial
Time at Home
If you go to trial, there is usually an extended period before your case is tried in court. During that period, you are able to spend time with your loved ones and participate with your attorney in preparing your defense.
Possible Acquittal
If you are innocent of the accused crimes, the only way to clear your name is through an acquittal. Otherwise, you will have a criminal record and be deemed responsible for the criminal acts.
Presumed Innocence
If you do go to trial, you are presumed innocent until proven guilty. In other words, the prosecution has to prove beyond a reasonable doubt that you committed each of the crimes in question.
Suppression of Evidence
If the police officers who handled your case did not follow proper protocol to obtain evidence or conducted themselves improperly, some of your evidence may be suppressed. The suppression of incriminating evidence could lessen your chance of being found guilty.
Better Plea Bargain
If your criminal defense attorney has met with the prosecutor to plea bargain, you may be disappointed with the prosecution's initial offer. Sometimes, a prosecuting attorney believes that he or she has the upper hand. However, if the chance of you going to trial remains on the table, as the trial date approaches, the prosecution may want to avoid the time and cost associated with trying your case.
Cons of Going to Trial
Unpredictable Outcome
A jury can be difficult to predict. However, once you go to trial, your life is in the hands of that small group of your peers.
Expense
Your criminal defense attorney may charge more if you go to trial due to the added hours of preparation and representation.
If you have been charged with a crime, you may be uncertain of whether or not to go to trial. However, pleading guilty guarantees you a legal sentence. Be sure to discuss your concerns with your criminal defense lawyer. If you don't already have an attorney, schedule a consultation with a criminal lawyer in your area today, such as one from Greenberg Walden & Grossman.