Should I go to trial or plead guilty?

Tucson Criminal Defense Attorney Explains Trial and Plea Deals

The vast majority of court cases do not go to trial.  This is true in both civil and criminal cases, but this article will focus on the decision to go to trial in a criminal case.  In many criminal cases, there is a substantial dispute as to what happened, the mental state of the people involved, and as to whether certain conduct in fact constitutes the charged offenses.  Trial is designed to work out these differences, where a judge (in a bench trial) or jury will have to hear from witnesses, and look at available evidence, and then answer those factual questions.  Plea negotiations seek to "settle" these issues, whereby the defense and prosecution will agree as to the charges and/or punishment, and can avoid trial.

THIS INFORMATION IS NO SUBSTITUTE FOR A CONSULTATION WITH A LAWYER.  IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR IS UNDER INVESTIGATION FOR A CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

WHAT TO EXPECT FROM A JURY TRIAL?
In many ways, a jury trial is the greatest safeguard that remains in our criminal justice process.  Jurors are members of the public, who must provide their consent before the government can punish a defendant.  In criminal trials, a jury can only convict with a unanimous verdict.  Jury trials begin with jury selection (also called voir dire), and pretrial motions to determine what evidence the jury can hear.  These safeguards exist to further ensure a fair jury trial.  Potential jurors who exhibit strong bias should not serve on a jury, and evidence that is misleading, was unlawfully obtained, or that is offered to prejudice the defendant rather than prove facts will be kept from the jury.  

During jury selection, the court and attorneys are given an opportunity to question jurors to determine who the parties want to have determine the important issues presented.  Next, the parties get to present opening statements, talking about the case and what they expect the evidence to prove.  The prosecution will then call its witnesses, and the defense gets an opportunity to cross-examine those witnesses.  After the government presents its case, the defense calls its witnesses, if any, and the defendant may testify if they so choose.  Jurors should pay close attention to testimony.  Next, the parties get to present closing arguments, after which the jurors are given instructions and begin to deliberate.  Hopefully the jury comes back with a not guilty verdict, but it is also possible that they return a guilty verdict, or even that they cannot reach a verdict (hung jury). 

The Sixth Amendment to the US Constitution guarantees a defendant's right to a jury trial.  In Arizona, the right to a jury trial does not attach to all criminal charges, with many misdemeanors deemed "petty" offenses, not giving rise to the right to a trial by jury.  Generally, a defendant will have a right to a jury trial for all charges where he/she faces punishment greater than 6 months incarceration.  There is also a right to a jury trial for DUI and reckless driving cases.  All defendants charged with felonies are entitled to a jury trial, though only those charged with the most serious offenses are entitled to a jury of 12 people.  A criminal jury can have as few as 8 jurors, but still requires unanimity to reach a verdict.  This right attaches to cases in Federal Court as well.

WHAT IS DIFFERENT ABOUT A BENCH TRIAL?
The obvious difference between a jury trial and a bench trial is that there is no jury in a bench trial.  This means that the judge will make not only the legal rulings in the case, but also serves as the finder of fact, and will ultimately decide the verdict in the case.  With a unanimous verdict required for conviction in a jury trial, avoiding a conviction only takes one of twelve people to vote not guilty.  In this sense, a defendant will generally have a much better chance of avoiding a conviction in a jury trial.  Additionally, a majority of judges are former prosecutors, and may be less affected by defense arguments.  A bench trial may be preferable with extremely unpopular facts, and also provide the benefit of taking much less time than a jury trial. 

HOW CAN I GET A GOOD PLEA DEAL?
Plea negotiations generally take place throughout the duration of a criminal case.  In some circumstances, the best plea deal may be reached early in the process.  In other cases, the best deals are reached right at the eve of trial.  Each lawyer has their own way of seeking out the best plea deal, but getting a good deal generally will require strong negotiation skills, presenting mitigating evidence, investigation to accumulate favorable evidence, and exploiting holes in the government's case.  A criminal defendant has a right to a trial, and must consent to waiving that right in exchange for a plea.  This means that a defendant can hold out for a deal that they want or need, and can be prepared to go to trial if the prosecution will not agree to those terms.

It is important to note that not all cases will go to trial or result in a plea deal.  Some cases are dismissed outright, and there are a number of tactical ways that your criminal defense lawyer can seek to do that in your case, including challenging probable cause to charge, suppressing statements or physical evidence, or convincing the prosecutor to dismiss the case instead of proceeding.  That said, most cases result in a plea deal, and relatively few are dismissed outright.

If you or a loved one is facing criminal charges and has questions about the criminal justice process, trial, plea negotiations, and the like, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

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Helpful Tucson Criminal Law Links:
Pima County Superior Court
Tucson Police Department
Pima County Sheriff

Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator