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#Plea deal colloquy trial#

It is also the only way to escape a felony record. These rights are critical for wrongly accused defendants to see justice.

#Plea deal colloquy trial#

The most important benefit of the trial is that it allows every defendant the rights guaranteed to them by the constitution. Trials also buy more time to spend with family and get affairs in order before a prison sentence. It gives you more time to build your defense and poke holes in the prosecutor’s argument. Either they refuse to plead guilty to a crime they did not commit or believe they can win their case in court.Ī trial has real advantages for these kinds of cases. Pros and Cons of Going to Trialįor some, a guilty plea is not an option. A prosecutor can’t offer less than the minimum, and you could get the same sentence by entering a not guilty plea and going to trial. All of a sudden, the defendant has a longer sentence than they bargained for, which is particularly devastating when they are innocentįinally, plea deals may not mean much when there are statutory minimums at play. If the judge doesn’t like the deal, they can reject it. However, it requires the judge’s agreement. The defense and prosecution may work out a deal amongst themselves. A guilty plea comes with jail time and fines, and those are unjust when the defendant didn’t commit the crime.Īdditionally, a guilty plea doesn’t rule out all uncertainty. These are very real, and the most devastating one is pleading guilty despite being innocent. That brings us to the cons of pleading guilty. Yes, it requires you to admit guilt, but it may also allow you to move on faster.

You skip the media attention related to criminal prosecutionsįor someone who is guilty or who is innocent but is very unlikely to do well in court, a guilty plea offers real benefits.

You avoid the uncertainty associated with jury trials.

Your case could come with reduced charges or a lighter sentence.

Your lawyer reaches an agreement with the prosecutor.

Your lawyer and court fees tend to be less (no trial time).

The reason plea deals are so common is in part because there are pros that impact people in real terms. Let’s start with a guilty plea because it is the route taken by nine out of ten felony defendants. Let’s break down the pros and cons of pleading guilty vs. So when is going to trail the best option, and when should you take a plea? The issue with a plea deal is that it requires a defendant to plead guilty – even in cases where they are innocent.įor most people, the decision comes down to what makes the most sense to you based on your lawyer’s advice. Around 94 percent of state felonies end with a guilty plea, and 97 percent of federal convictions wrap up the same way.

In the United States, plea bargaining is the primary means of ending a felony case. Plea deal or trial? It’s a decision many defendants have to make.