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.