Who Decides if I Should Take a Plea or Go to Trial?
If you are charged with a crime, it can be one of the scariest moments of your life. This is the case because you know just how seriously a criminal conviction could have on your life. So, if you are charged, who gets to decide whether you go to trial or whether you plead guilty to the charge? If you are facing serious criminal charges in Minnesota, it is important that you find the best possible defense. An experienced criminal defense attorney can make all of the difference. Jack Rice Defense can provide a free confidential consultation.
“Nobody gets to tell you to plead guilty, not the Judge, the prosecutor or even you own attorney. Know your rights.”
Who Gets to Decide? You!
The decision to plead guilty to a charge or go to trial rests exclusively with you, the defendant. This being said, you don’t necessarily have to make that decision alone. This is one of the reasons to have an experienced defense attorney by your side.
In some ways it becomes a risks-versus-rewards question. What are the benefits of going to trial and losing versus knowing what kind of plea bargain you can get? For instance, if the offer in a case is to plead guilty to the charges and go to jail or prison, what is the worst that can happen if you go to trial and lose? Potentially, not much. On the other hand, what happens if an offer that comes in is so good that you could avoid the charge or charges and avoid jail and more versus going to trial? All of a sudden, the contrast is far more real.
“Sometimes a bird in the hand is better than two in the bush unless that bird is a hand grenade.”
A good defense attorney can discuss the evidence the state intends to present against you. They can also move to suppress some of that evidence or fight to get the case dismissed. Finally, they can argue at trial as to why you should be found not guilty. All of this requires experience, effort, passion and talent. There are times when this is absolutely the right answer. A Board Certified Criminal Law Specialist can be helpful here.
In the end, the decision to plead guilty or go to trial is an extremely person one. You must consider the ramifications to yourself and your family. At the same time, the strength of the state’s case or likelihood of success may pay a strong role in the decision. Remember, if you decide to go to trial, the burden of proof will be on the prosecution to prove your guilt beyond a reasonable doubt and you always have the right to a fair trial.
“Deciding whether to resolve or go to trial can be difficult. However, there are times when the answer is clear regardless of the consequences.”
If you are facing serious criminal charges, the decision to go to trial or negotiate a settlement is something that you should carefully consider. Each decision comes with ramifications and you should take the time to cnonsider the risks verses rewards. That being said, in the end, there are times when the answer is clear regardless of the consequences.
Go with the Best
Jack Rice is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.