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Accepting a Plea Bargain vs. Going to Trial

One of the most difficult choices a defendant has is to accept a plea bargain versus going to trial. This is a decision that requires much contemplation and an informed cost-benefit analysis to determine the best course of action. An experienced defense attorney can help you make the right decision for you and your family. If you do choose to go trial, they will vigorously defend your liberty and do everything possible to win a not guilty verdict.

There is no single best course of action for each defendant when it comes to this decision. Instead, the decision needs to be weighed in light of the unique facts of the case itself. The facts of the case and the relative strength and weakness of the prosecution’s case will ultimately contribute to the plea deal the prosecution offers. Prosecutors hate to lose cases, so if they worry that their case is weak they may offer a relatively good plea bargain just to achieve a prosecution.

If the defendant realizes the prosecution’s case is weak, they may ultimately want to take this to court to have their fate decided by a jury of their peers. While this is a person’s Constitutional right, they need to be aware that every trial carries with it a certain degree of risk. There is simply no way to predict how those twelve people will vote. And while an experienced defense lawyer will do everything possible to create reasonable doubt in the mind of each juror, there is no guarantee that this will happen.

Because of this, it may be wise to accept a plea bargain and minimize your exposure to such risk. For instance, if a certain charge carries with it the possibility of years in prison and the prosecution is offering a plea deal that will result in just probation, the defendant will want to carefully consider their options. Is the risk of trial worth the possibility that the person could potentially serve years in jail? The defendant will have to make that decision for themselves.

A defense lawyer will do everything possible to obtain a favorable plea bargain for their client. By negotiating with the district attorney and pointing out weaknesses in their case, it may be possible to obtain a favorable deal that benefits the client. While the decision to accept or reject such a deal rests solely with the client, it benefits them to have options to consider when facing criminal charges.

At Kroll & Johnson, we do everything possible to achieve a favorable outcome for our client. For some people, that means taking the case to trial and winning a not guilty verdict. For others, that means negotiating a favorable plea bargain that helps them move on from these charges. No matter how you choose to proceed with your case, Kroll & Johnson will fight aggressively to achieve positive results. If you have been arrested in Portland or anywhere in Oregon, contact Kroll & Johnson right away for a free consultation.

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