The Pros and Cons of Going to Trial in Criminal Law Cases

 Posted on April 05, 2023 in Criminal Defense

Deciding to go to trial can be complex and profoundly challenging when facing criminal charges. There are many factors to consider, including the strength of the evidence, the chances of a favorable outcome, and the potential consequences of a conviction. Today, we will explore the pros and cons of going to trial in criminal law cases to help you make a more informed decision if you are ever in a similar situation. Remember, consider hiring a criminal defense attorney if you are facing criminal charges. Your attorney will protect your rights and will also make sure you understand all of your legal options at this time.

Pros of Going to Trial 

The following are the pros of going to trial, including:

• The possibility of a complete acquittal – One of the most appealing aspects of going to trial is the chance of being found not guilty. If you believe that you have a strong defense and that the prosecution’s case is weak, a trial may be your best opportunity to clear your name and avoid the consequences of a conviction. 

• Exposing weaknesses in the prosecution’s case – A trial allows your defense attorney to challenge the evidence presented by the prosecution. This may reveal inconsistencies, inaccuracies, or procedural errors that could lead to a dismissal of charges or a not guilty verdict. 

• The right to confront accusers or witnesses – During a trial, you can face your accusers and challenge their testimony through cross-examination. This can help to expose inconsistencies in their stories and raise doubts about their credibility. 

• Public scrutiny and transparency – A criminal trial is a public process that allows for scrutiny and oversight. This can help ensure the proceedings are fair and your rights are protected. 

Cons of Going to Trial

The following are the cons of going to trial, including:

• Financial and emotional costs – Going to trial can be lengthy and expensive. Legal fees and lost income can add up quickly, and the emotional toll of a trial can be significant for you and your loved ones. 

• The risk of a harsher sentence – If you are found guilty at trial, you may be more severely punished than if you had accepted a plea bargain. Judges may view your decision to go to trial as a refusal to take responsibility for your actions, which could lead to harsher punishment. 

• The uncertainty of a trial outcome – There are no guarantees regarding a trial. Even if you believe you have a strong defense, there is always the risk that a jury will find you guilty.

• The impact on your reputation – A public trial can bring unwanted attention and scrutiny to you and your family. Even if you are found not guilty, the damage to your reputation may be difficult to repair. 

Contact a Collin County Criminal Defense Attorney

Contact the Fairview criminal defense lawyers with Law Offices of Biederman & Burleson P.L.L.C. for experienced legal representation. Call 469-333-3333 for a free consultation.

Source:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining/