Going to trial and taking a plea are two options available to defendants in a criminal case.
Here are some of the key differences between the two:
Going to trial
- Jury decision: In a trial, a jury will hear evidence presented by both the prosecution and the defense and will ultimately decide whether the defendant is guilty or not guilty of the charges against them.
- Risk: Going to trial carries a certain amount of risk, as the defendant may be found guilty and face a more severe sentence than if they had taken a plea deal.
- Time and cost: Trials can be lengthy and expensive, as they require significant resources, including the time and expertise of attorneys, investigators, and support staff.
- Appeal rights: If the defendant is found guilty at trial, they may have the right to appeal the decision and seek a new trial or have the verdict overturned.
Taking a plea
- Negotiated sentence: In a plea deal, the defendant agrees to plead guilty to one or more charges in exchange for a reduced sentence or other favorable terms.
- Risk reduction: Taking a plea can reduce the risk of being found guilty at trial and facing a more severe sentence.
- Time and cost: Plea deals are typically quicker and less expensive than going to trial, as they require less time and fewer resources.
- Limited appeal rights: If the defendant takes a plea deal and is sentenced accordingly, they may have limited appeal rights, as they have already agreed to the terms of the deal.
Ultimately, the decision to go to trial or take a plea depends on the individual circumstances of each case and the advice of the defendant’s attorney.
Some defendants may choose to go to trial to clear their name or to challenge the evidence presented by the prosecution, while others may choose to take a plea to minimize their risk and avoid a potentially more severe sentence.
Some defendants may choose to go to trial to clear their name or to challenge the evidence presented by the prosecution, while others may choose to take a plea to minimize their risk and avoid a potentially more severe sentence.