Navigating the legal system during a criminal case can be daunting, including determining whether you should take your case to trial or take a plea bargain. Each case is distinct and will require a unique course of action, but there are some things to consider when weighing this decision.
Making the determination to go to trial or settle the case with the state should not be done alone or without careful consideration and advice from your legal counsel. Be sure to weigh your specific options and do not rely on advice that is not based on the law and your legal team’s experience and expertise.
Going To Trial
Pros
One of the tenets of the American justice system is that the defendant is assumed innocent until proven guilty. The state (in our case, a prosecution team representing the State of Massachusetts) must prove that you are guilty of the crime you are charged with. Going to trial gives you a chance at getting an acquittal and avoiding a conviction and jail time. This is a way to clear your name and absolve you of all wrongdoing.
Cons
On the other hand, a trial could mean that if a conviction is gained, a harsher sentence, including jail time, could be handed down. The sentence could be worse than the one offered in the plea deal. Going to trial means that you are rejecting the plea deal and putting your fate in the hands of a jury, whose decision can be unpredictable. Additionally, trials are often public and can cause significant stress for the defendant.
Taking a Plea Deal
A plea deal, or plea bargain, is an agreement in which the defendant pleads guilty to fewer charges in exchange for concessions, such as reduced penalties or dismissal of additional charges. In general, a plea deal is often a lighter sentence than what may have been handed down by a judge or a jury of your peers. A plea deal also resolves the criminal case in less time, with less public scrutiny and allows a defendant to move forward with their life.
However, a plea deal means the defendant must admit guilt, which has long-term consequences for a criminal record and reputation, even if the defendant is innocent of the charged crime. Additionally, when accepting a plea deal, the defendant must sign a waiver of rights, which waives the right to a trial, the right to appeal the conviction, and the opportunity to have their case fully heard. In this scenario, the appeal options are minimal.
Always discuss your options with your legal team, which knows the details and circumstances of your particular case, before making any decision or signing any paperwork. Talk to our team at the Law Offices of Patrick Conway for a free consultation about your case.