If you are facing criminal charges for the first time, you’re probably
very nervous about the future. Perhaps the only knowledge you have about
criminal cases is what you’ve learned from Hollywood. It’s
more than likely that you’ve watched several fictional criminal
trials on television and film over the years. But do those actually mirror
real life?
If you’re wondering if your criminal case will go to trial, all we
can say is it depends, and much of it depends on you. What we will say
is that in the criminal justice world, it’s no secret that by far
the majority of criminal cases do not make it to trial. Some of the reasons
for this include:
- The prosecutor dismisses charges due to lack of evidence.
- The defendant prevails at the preliminary hearing and the prosecutor decides
not to refile charges.
- The defendant is not convicted due to a pretrial motion, such as a motion
to suppress evidence.
While it is possible that a criminal case will not go to trial for any
of the above reasons, in most situations, a defendant’s case does
not go to trial because he or she agreed to accept a plea deal with the
prosecutor.
About Plea Bargains in Texas
In reality, the vast majority of criminal cases are resolved through a
plea bargain, and they actually make a lot of sense for the defense and
the prosecution. For one, our government can’t afford to take every
criminal case to trial – that would be a huge drain on our resources.
And for the defense, trials are very expensive and it’s a lot more
affordable for a defendant to negotiate a plea deal rather than go to trial.
If the defense and the prosecution cannot reach a deal, ultimately, it’s
up to the defendant to decide what happens next. For example, if a defendant
is being wrongfully accused of murder, and the prosecutor won’t
back down, it would make sense for him to go to trial to avoid a wrongful
conviction.
There can be many benefits for the defendant to accept a plea deal, especially
if the evidence is stacked against him or her. By accepting a plea bargain,
the defendant could receive a lighter sentence and a conviction for less
serious charges on their criminal record.
Next:
Will I Have to Give a Sample of My DNA in Texas?
If you’re facing criminal charges in Denton County,
contact Derek A. Adame, Attorney at Law to explore your defense options.