Unless the prosecution is willing to dismiss or give us a sweet deal that can be expunged, then we are going to get better results usually by taking the case to trial. Frequently, when the date of trial is near, and the prospective jurors are in the hall, and the judge asks the prosecution to bring their witnesses in, and prove their case, the prosecution then realizes they need to dismiss the case, or reduce it to a minor offense, because they did not have enough evidence.
Normally, we find that a case may need to be fought, or we can get a better result by fighting the case. Secondly, we evaluate what is the worst that can happen. In many cases, we find that even if we go to trial, and lose, the result is not going to be worse than what the person could have received by a plea bargain, or pleading guilty. You know, one-hundred percent of clients who plead guilty are found guilty. Therefore, that is not necessarily in their best interest. First, we evaluate the case if we have a chance at winning, and how strong that chance is, but if we lose, what is going to happen to the client. Is it going to be worse than what they could have had by plea-bargaining?
Based on our advice to go to trial, the client knows that we have a good chance of winning. If we are going to trial, the client also knows what the worst case scenario is likely to be in the event we lose so the client can be prepared for that outcome. There are situations where the risk of trial is greater, and that if we go to trial and lose, the result might be worse than what they could have received by a plea bargain. This is always going to be the client’s ultimate decision, but based on our advice, we carefully evaluate the case so we can intelligently advise the client on what the likelihood is of winning, and if we do not win what the likely result is going to be.
Then they can intelligently make the decision on whether they want to enter into a plea bargain, or take the risk of going to trial.