In most instances, many criminal charges don’t go to trial because your attorney advises you as the defendant to take a plea bargain. But in some cases, the criminal lawyer might advise you not to accept a plea bargain but instead, go to trial. Many factors influence the decision to go to trial or agree to a plea bargain. These factors include the evidence the prosecution has gathered against you and the potential sentence you face if found guilty. Your attorney might advise you not to take any deal if the prosecution doesn’t have strong evidence against you.
If the attorney believes the evidence against you is weak or might receive a light sentence, they might advise you to go to trial instead of accepting a plea bargain.
In California, the court can charge you with different crimes, and the court process for each crime is very different. For example, if convicted of a misdemeanor, you will be sentenced to one year in county jail or fined up to $1000. But if convicted of a felony offense like armed robbery or murder, your sentence could include life imprisonment without parole or death.
Read on to understand why some cases go to trial.
Court Process In California
The first step starts with an arrest, and then the law enforcement officers book you. Next, the police investigate and gather evidence against you to determine whether there's enough proof to charge you with a crime. If they don't find anything incriminating or if all charges are dropped, then the prosecutor has no choice but to release you from custody unless ordered otherwise by the judge.
But if there's sufficient evidence, the prosecutor will present your case to a grand jury. If the prosecutor believes they have enough evidence, they'll ask for an indictment from the grand jury and request the court to hold you without bail while you await trial.
Reasons Why Your Attorney Might Advise You To Let Your Criminal Case Go To Trial
If you accept a plea bargain, you waive your right to appear before a grand jury. On the other hand, trials allow your attorney more time to prepare your defense. The trial can also provide valuable insight into how jurors might see specific evidence.
The Prosecution Doesn’t Have Enough Evidence.
Your criminal case can go to trial if your attorneys decide to take your case to trial because it is their opinion the prosecution does not have enough evidence to warrant a conviction.
Your criminal case can go to trial if your attorneys decide to take your case to trial because it is their opinion the prosecution does not have enough evidence to warrant a conviction. This may seem like an easy decision, but in reality, it requires careful consideration by both you and your attorney.
Trials Provide The Opportunity For Sentencing Judges To Issue Sentences Outside Of The Statutory Range
Trials provide the opportunity for sentencing judges to issue sentences outside of the statutory range. This is a common misconception among those who think that trials are only necessary when there is overwhelming evidence or in cases with complicated circumstances. The truth is, sometimes it doesn't matter how strong the case against you as a defendant, maybe if you haven’t been found guilty. Trials allow judges to consider all factors and decide whether or not they should go beyond what's provided by law to ensure justice is served.
As earlier stated, it sometimes doesn't matter how strong the case against you may be if you haven’t been found guilty. Trials allow judges to consider all factors and decide whether or not they should go beyond what's provided by law to ensure justice is served. This means you could still receive probation if you have committed an offense, but the prosecution doesn’t have any evidence at all.
When you go for trial, the judge may decide to issue you probation instead of jail time if convicted, especially if you are a first-time offender. The court sentence will depend on whether you have any previous offenses and your current level of cooperation with law enforcement while awaiting trial status. If you meet one or more of these criteria, the judge may issue you probation instead of jail time if convicted.
An experienced attorney can help with this type of decision-making by pointing out what could happen in court and answering any questions about whether or not taking this particular route would be beneficial for you at that specific moment in your life. In addition, they can offer guidance because they know how sentencing works and the different types of sentences that the court could impose on you if it finds you guilty.
The attorney can use their experience to predict the kind of sentence the court will issue. For example, the judge can sentence you to home detention instead of jail time or probation rather than incarceration, depending upon the case specifics.
The Outcome Is Not Predetermined Like It Would Be In A Plea Bargain, And You Have More Control Over Your Fate By Choosing Trial
If you are facing criminal charges, you choose two options: trial or plea bargain. However, the many benefits of choosing a trial make it the better option for most people. The outcome is not predetermined as it would be in a plea bargain, and you have more control over your fate by choosing trial.
If you choose to take your case to trial, then the jury of peers will determine whether or not you are guilty. On the one hand, this may seem intimidating because a group of 12 people will ultimately decide on your fate with their verdict. But what many don't realize is that when someone pleads out and enters a plea bargain, they agree to a predetermined sentence that the judge decides.
If you choose trial instead of pleading out and accepting punishment without seeing the evidence against you, you will be able to make your case in front of a jury. You can present witnesses like eyewitnesses, objects such as DNA or fingerprints, and other evidence to show that you didn’t commit the crime.
It is essential to have a trial because the jury needs to hear your side of the story and know you. The jury also has an opportunity to see how well you answer questions under pressure from challenging attorneys, which can help them decide if they are likely to believe what you say on other matters in court or not.
On the other hand, choosing trial instead of pleading out with a plea bargain gives you more control and can decide your future.
If you plead out with a plea bargain, then one of two things will happen: either you'll be found guilty, or the case will be thrown out because there's not enough evidence against you. If it is thrown out, this means that no charges can later be filed against you in the future. But if it is found that you are guilty, then there will be a predetermined sentence already set by the judge, and this may not be what's best for your situation.
Plea bargaining can also impact other aspects of life like employment or housing because sometimes charges stay on someone's record even after the case is over. So again, this can have a significant impact on your life because employers or landlords may not want to hire you or rent an apartment to someone with a criminal record.
A Jury Comprises Of Twelve People Will Determine Your Verdict Rather Than One Person
Your lawyer might decide to move to trial because twelve people will determine your verdict, rather than just a single judge.
Your lawyer might decide to move to trial because twelve people will determine your verdict. Rather than the trial being based on one person’s opinion, 12 people will have to agree that you were guilty of your crime before they can convict and sentence you.
For a jury in California, or anywhere else in the country, to find someone not guilty or innocent of their charges, all twelve jurors must be convinced beyond a reasonable doubt that you aren’t guilty. This is also known as “beyond any shadow of a doubt."
If these many people are required to grant innocence, it's easier for your lawyer to present evidence to show you are not guilty of the offense you are accused of committing. At trial, your attorney presents many witnesses and exhibits as needed to show that you are innocent of the charges against you. The presentation of many witnesses and exhibits is crucial since it will influence the decision of the jury. Thanks to the evidence and exhibits, the jury will decide whether or not you committed this crime rather than allowing prosecutors or judges alone to make that decision.
As a result of their unique role in the courtroom and society at large as legal decision-makers, especially when they're passing judgment, jurors have an obligation not only to consider all the evidence presented before them but also to be unbiased by outside influences or public opinion. It is up to each juror, in turn, to take on these responsibilities themselves while also striving for group consensus during deliberations.
They are chosen at random with no regard for their race, political affiliation, occupation, and any other such factors: a person's criminal record may affect whether they can serve--but it does not necessarily dictate if they will do so! (This means that someone who has committed crimes like fraud cannot sit on your jury!)
Another Reason Why Your Case Can Go To Trial Is That You Receive The Benefits Of The US Constitution
Your lawyer might decide to take your case to trial because, according to the US constitution, you're innocent until proven guilty, even if it's been found that you committed the crime. The right to be tried in front of a jury and receive your day in court are both guaranteed by the U.S Constitution, and these rights cannot be revoked unless you have violated them before, that is if you have previously been accused of serious crimes.
These basic constitutional protections help ensure a fair trial by allowing your lawyer to present complicated evidence such as children’s testimony, DNA testing, and of course, eyewitness accounts.
Some cases go to trial because the prosecution does not have enough evidence. For example, in a rape case, if there is no DNA or other form of physical evidence and the allegation cannot be proven beyond a reasonable doubt, then it would make sense for you to take your chances on going to trial rather than pleading guilty.
Another reason some cases will go to trial is when they are based on eyewitness testimony alone, which can lead to them being overturned later due to new developments or investigations. A good example of this was in North Carolina, where a man served 30 years behind bars after being wrongfully convicted with eyewitness testimony and fingerprint evidence before his conviction was overturned by DNA testing.
If You’re Accused Of Committing Publicly Second Offense
The legal system's goal for justice is to best serve all involved parties' interests by examining an impartial process with fairness toward both sides as much as possible. It might also be prudent to use a bench trial when you appear on television before judges because they may make assumptions about your criminal record based on appearance alone, which could then skew them against you from the start. A bench trial is where you waive your right to a jury, and the judge alone listens and determines your case. The goal is that the judge, opposing counsel, and prosecutors will serve you justice as best as possible through an impartial process to understand that the true goal is to determine whether you are guilty or innocent based on evidence rather than appearance.
If you are accused of committing a publicly scorned offense like sex offenses, DUI, or other similar offenses, it’s better to have the judge determine the case. In such incidents, you waive a jury trial. The advantage of having the judge only try your case is that they will not be swayed by public opinion, and you can make some of the arguments that would have to be omitted in front of a jury.
It might also be prudent to use a bench trial when your appearance is such that your race, sexual orientation, or other such personal identifiers might prejudice the jury.
Call A Van Nuys Criminal Defense Lawyer Near Me
In California, some criminal cases go to trial. Sometimes, the defendant has a strong defense that they want to argue in person rather than accept a bargain plea. Other times, you might realize as a defendant that the prosecutor doesn't have enough evidence. You become confident you have a chance at an acquittal by presenting your case before a jury of peers. Your lawyer might advise you to take the case to trial if you have a strong defense.
They may also advise you to go to trial if the prosecutor doesn't have enough evidence. If you or your loved one is facing a criminal charge in Van Nuys, CA, it's critical to employ the services of a qualified defense lawyer. Do you want to take your case to trial? Contact Leah Legal. At Leah Legal, we have highly experienced lawyers who will ensure you receive a very favorable outcome in your trial. You can reach us at 818-484-1100.