When to Pursue a Plea versus Going to Trial in Delaware
One of the hardest decisions you’ll have to face is whether you should or should not accept a plea bargain or take your case to trial. Each choice carries substantial risks. In Delaware, the vast majority of criminal cases are decided by plea bargain. Understanding how these decisions are made can be the difference in getting a manageable outcome or a devastating one.
Understanding the plea bargain
What is a plea bargain? Essentially, it is an agreement between the prosecution and defense in which the defendant pleads guilty or no contest to a charge in exchange for a reduced sentence, the dismissal of other charges, or a lesser offense. As an example, defendants who are charged with felony assault might be able to plead the charge down to a misdemeanor. This could avoid potential prison time and the long-term consequences of a felony record.
Prosecutors often offer plea deals to conserve valuable resources and secure convictions without the uncertainty of a jury trial. Defendants, for their part, may benefit from a more predictable and lenient outcome. On the other hand, plea bargains are not always fair or appropriate. Some defendants feel pressured to plead guilty simply to avoid the risk of harsher penalties if they are convicted.
When a plea can make sense
In some circumstances, accepting a plea can be the right decision. When the evidence against you is overwhelming, a plea deal can mitigate the punishment and provide closure. Pleas can also be strategic when the defendant wants to avoid publicity or when the prosecution’s offer includes probation instead of prison.
Another thing to consider is that taking your case to trial is more expensive and emotionally daunting. A plea agreement could provide certainty. Trials are inherently unpredictable. Even a seemingly strong defense can be undermined by a single witness or piece of evidence.
When is going to trial the best choice
In some cases, your best bet is to take the case to trial. A trial may be the better route when there are substantial doubts about the prosecution’s evidence or when key constitutional issues are at stake. If the police violated a defendant’s rights, then the defense could have grounds to suppress evidence or have the charges dismissed.
In addition, trials allow defendants to tell their side of the story publicly and hold the state accountable for meeting its burden of proof. In cases that hinge on credibility, circumstantial evidence, or complex facts, a trial can be an opportunity to reveal inconsistencies and raise reasonable doubt.
The role of your criminal defense attorney
Deciding whether to accept a plea deal or take the case to trial requires a careful evaluation of the evidence, the strength of the defense, and any potential penalties you might face. No two cases are alike, and what’s right for one defendant could be disastrous to another.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of Wilmington residents who are facing serious criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
