Should I Go to Trial or Accept a Plea Agreement?

When you are facing criminal charges of any type, you will have to decide at some point whether to go to trial on the charges or to accept a plea agreement from the prosecutor. In most cases, a prosecutor will offer a plea agreement to resolve a case. On the other hand, the prosecutor may be uncertain of a positive outcome for the state at trial, consider your case to be a relatively unimportant matter, or simply be overwhelmed by the sheer number of pending criminal cases. No matter what you decide, you should thoroughly discuss both options with your New Jersey criminal defense lawyer and choose the best option for you and your situation.  

Accepting a Plea Agreement 

When you accept a plea agreement, you agree to plead guilty, often to fewer or reduced charges and accept an agreed-upon sentence. Under some circumstances, there are advantages to accepting a plea agreement. For example, if you are not likely to win your case at trial, accepting a plea agreement is a way to guarantee a lighter sentence than you might otherwise receive if you are found guilty after a trial. In other cases, even if you aren’t sure whether you will win at trial, a plea agreement can provide you with certainty about the outcome of your case and the sentence you will receive. Furthermore, if you wish to admit guilt and accept responsibility for a crime you committed, signing a plea bargain may be right for you. 

Of course, there are downsides to accepting a plea agreement. You will have a criminal record if you plead guilty to a crime by accepting a plea agreement. In contrast, if you win your case at trial, you will not have a criminal conviction. A criminal conviction, particularly a felony offense, can impact your ability to find employment and housing. It also can affect your eligibility for some government benefits and rights, such as voting or carrying a firearm. 

Going to Trial 

On the other hand, taking your case to trial may be more advantageous to you in some cases. First, if the state’s case against you is weak, you may have a good chance of winning at trial. If you have a job or career that requires you to avoid having a criminal record, then going to trial may be your best chance to avoid jeopardizing that career. Finally, if you are innocent of the charges and have evidence that you believe proves your innocence, taking your case to trial may be a good decision. 

Proceeding to trial also may have disadvantages. Waiting for a trial date can take months or even years. Having criminal charges hanging over your head for this time with no resolution can be stressful and difficult to handle. In addition, the uncertainty and risks of the potential outcome at trial can weigh heavily on you. You may be putting your career and your life with your family at risk if you end up convicted and facing a long prison sentence. If the prosecutor has substantial evidence that makes it likely that you will be convicted, proceeding to trial may not be in your best interest, especially if the prosecutor offers you a plea agreement with significantly reduced charges or sentence. 

Get the Legal Advice that You Need in Your Criminal Case 

The criminal defense lawyers of Rosenberg, Perry & Associates, LLC, can evaluate the allegations of criminal actions against you and develop the defense strategy most likely to be successful in your case. Getting legal advice and representation can be crucial to a positive outcome in your case. You can reach us by phone at (609) 216-7400 or visit us online.