Criminal Defense • Disciplinary Investigations & Hearings

Will there be a trial in my case?

Will there be a trial in my case?

The first line of defense is to try to get the charges against you dismissed. Prosecutors and judges can dismiss cases for many reasons, including a lack of evidence and a lack of probable cause for arrest.

If the charges cannot be dismissed, your attorney will attempt to negotiate a plea agreement, also called a plea bargain. This is an agreement negotiated outside of court between prosecutors and you with your attorney’s help. In a plea agreement, the defendant agrees to plead guilty to one or more charges in exchange for a comparably lenient sentence and/or dismissal of other charges. Both sides are spared the effort and expense of a lengthy trial. Compared with a trial, a plea agreement is advantageous in that the outcome is known; it will not result in the nasty surprise of a guilty verdict and harsh sentence. However, it is disadvantageous in that there is no possibility of a not guilty verdict and a clean criminal record.

While it may be difficult to swallow, sometimes a defendant’s best option is an agreement to plead guilty to a crime they did not commit in order to avoid the potential for disaster in a trial.

While our goal is always to negotiate outside of court for the best possible result for our clients, we stand ready to take the case to trial to ensure that our client’s rights are protected.

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Suffolk 631-204-8254 — Manhattan 212-233-4141 — Nassau 516-206-2002
Toll free 888-315-9841

 

Compared with a trial, a plea agreement is advantageous in that the outcome is known; it will not result in the nasty surprise of a guilty verdict and harsh sentence. However, it is disadvantageous in that there is no possibility of a not guilty verdict and a clean criminal record.

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