Some criminal cases do not reach trial. Sometimes, the judge has no choice but to drop charges because of insufficient evidence. The prosecutor could also decide not to pursue your case, especially if your attorney presents strong evidence at the preliminary hearing. Additionally, there is a likelihood of your case not reaching trial if your attorney finds a reason to file a motion to suppress evidence presented by the prosecutor. Your attorney can file a motion to suppress evidence if you are a victim of police misconduct or illegal search and seizure. Usually, most cases do not go to trial because most defendants choose to take a plea bargain. Plea bargains are a win-win for the state and the defendant. You can use a plea bargain to negotiate for a lesser charge while the state saves the taxpayer's money and resources by avoiding a lengthy trial.

Trial and Plea Bargain

Thousands of criminal lawsuits are filed in court every year. However, most cases are plea-bargained or dropped, making it unnecessary to go to trial. Only a few criminal cases go through the whole process in court until trial.

Some attorneys advise their clients to accept a plea bargain to avoid trial. This scenario mainly occurs if an attorney lacks experience dealing with trial cases or wants to avoid the time-consuming trial process. When choosing an attorney, you must select one who is not afraid to represent you through trial. Your attorney must represent you effectively if your case proceeds to trial. The attorney must also be willing to take sufficient time to prepare for your case.

If you opt for a private attorney, ensure that the attorney is compassionate and honest. This is important, mainly if you are a victim of false allegations. A skilled and experienced defense attorney will only advise you to accept a plea bargain if it provides the best possible outcome for your case. Otherwise, the attorney will be willing to proceed to trial to fight for your rights.

An ethical attorney will allow you to decide whether you want your case to go to trial. In this case, you should know your options and their merits and demerits. You must consider some additional factors before taking a plea bargain. First, your attorney must assess the strength of the prosecutor's case and the evidence available. Second, your attorney must consider if a plea bargain will lead to a better outcome than you could achieve if your case goes to trial and you lose.

When A Case Is Dropped

Another reason most criminal charges fail to proceed to trial is because they are dropped. The prosecutor could file a case against you, hoping to gather new evidence, only to lack sufficient evidence. There is also a possibility of losing the old evidence. For example, a key witness can refuse to testify or fail to attend the court hearing.

A competent attorney will note the collateral consequences of allowing your case to proceed to trial. Your attorney can negotiate a plea bargain deal whose penalties include probation, no criminal record, and no jail term. In this situation, a plea bargain could be the best option. If your case proceeds to trial, there is a possibility of losing, which could lead to a criminal record and jail term. All the same, you have to make the ultimate decision.

Ultimately, judges must uphold the constitutional rights of all people, including those facing criminal charges. A judge could occasionally find it fit to drop the charges against you, especially if your constitutional rights have been violated. You could also be a victim of police coercion or unlawful search and seizure.

Rejecting A Plea Bargain Deal

You can still opt to proceed to trial if the prosecutor offers you a plea bargain deal that you do not like. You will have little to lose in this situation, even if you do not win. You could also consider proceeding to trial if you are innocent of the allegations against you. However, despite your innocence, the judge could still consider you guilty if you cannot prove your innocence. Therefore, a plea bargain could still be a better option for you.

Misconception About Trial

Many people have a misconception that court proceedings are as quick and smooth as what they watch on TV. This is not true because, in real life, trials could last months or years. Additionally, prosecutors and attorneys cannot pull out surprise evidence. There are guidelines about the evidence, which must be respected.

Statistics Of Federal Criminal Cases That Proceed To Trial

Under the federal justice system, only a few criminal cases go through the entire court process until trial. This means that trials are uncommon in the federal criminal justice system. Acquittals are also uncommon during trial l. Many defendants who proceed to trial face guilty verdicts and serve jail terms or imprisonment.

According to the Pew Research Center, about 79,704 defendants faced federal criminal charges in 2018. The Administrative Office of the U.S. Courts made these numbers available to the public. 90% of these defendants took a plea bargain after being accused of misdemeanors, felonies, and petty criminal offenses. 8% of these cases were dropped for various reasons, and 2% of the federal criminal cases went to trial.

Sadly, many cases proceeding to trial end up with the offenders being convicted. The Pew Research Center reveals that only 290 out of 71,954 cases went to trial in 2022. Out of these trial cases, only around 0.1% were acquitted.

When dealing with felony criminal cases, the trial rates are consistently low, regardless of your criminal charges. For example, according to the Pew Research Center, only 1% of felony immigration crimes proceeded to trial in 2018. There were 25,575 cases, and only 89 lawsuits proceeded to trial.

Likewise, only 2% of drug crime charges proceeded to trial. There were 21,771 cases, and only 499 lawsuits went to trial. Only 4% of property crime charges proceeded to trial in 2018. A slightly higher number of violent crimes reached trial in 2018. The research reveals that 192 cases out of 2,879 reached trial. This indicates 7% of the lawsuits.

Additionally, federal defendants who chose bench trials did better than those who opted for a jury trial. The cases of four out of ten federal defendants who opted for a bench trial were dismissed. Only 14% of the lawsuits that the jury determined ended in a not guilty verdict, while 38% of the lawsuits that the judge decided were dismissed. Jury trials are generally more prevalent than bench trials. The jury decided 88% of the federal criminal cases in 2018, while the judge decided 12%.

The federal courts have many guilty pleas, leading to fewer trials. For two decades, the number of individuals facing federal criminal charges who choose a trial has declined by 60%. Over time, trials have also become rare in the federal criminal justice system. Experts have expressed various opinions on the steady reduction in criminal trials, but the trial punishment is what most defendants fear. You will likely face a higher sentence if you choose to go to trial and lose. It could be better if you opt for a plea bargain.

However, the Pew Research Center's statistics for federal criminal cases are mere statistics. The state courts' statistics for criminal trials are hard to access because court systems in every state differ. The available data still reveals a low rate of trials at the state level, even if there is no standardized record-keeping system for all states.

The Guilty Plea Problem In America

With each passing year, there is a rise in guilty pleas as the number of criminal trials reduces. According to the National Association of Criminal Defense Lawyers, abbreviated as NACDL, the potential trial penalties cause many defendants to waive their 6th Amendment rights to a trial. Statistics and data from NACDL show that trials are nearing extinction. Only 3% of people with federal or state criminal cases opted to go to trial in the past five decades. The defendants in the remaining cases either opted for a plea bargain or the cases were dropped. Plea bargains benefit society, judges, prosecutors, the state, and the defendant.

Advantages Of A Plea Bargain To The Society

A charge with serious crimes like domestic violence, sex, and drug offenses carries a lot of social stigma. However, a plea bargain could offer you the following benefits:

  • You can avoid lengthy jail terms.
  • It preserves your reputation.
  • You can plead guilty to a lesser crime.

For example, a plea bargain can reduce a rape offense to an assault, allowing you to preserve your relationship with society and family members.

Additionally, when your case proceeds to trial, acquittal is not guaranteed. If you go to jail after being convicted of a serious sex offense like rape, your inmates and the correctional officers could treat you harshly. Your prison time could be less stressful if you plead to a lesser crime.

When you face a criminal trial, the public will likely know about your conviction. This publicity will not work in your best interests if you have a reputation to protect. Sometimes, people agree to plea bargains to save their families from unwarranted embarrassment.

Advantages Of A Plea Bargain To The Judges And Prosecutors

The justice system in America is overburdened, and the burden lies mainly on the judges. It is hard for the judge to try all the cases. A judge gains one free slot on their work calendar if a defendant accepts a plea bargain.

Like judges, prosecutors have limited resources and overwhelming schedules to pursue each criminal case. With a plea bargain, the prosecutor can ensure a defendant faces the minimum penalty for their offense. Ultimately, they protect their informants, maintain a commendable success rate, and avoid the risk of something going wrong amid trial and having a case dropped.

Advantages Of A Plea Bargain To The State

When you enter a plea bargain for your case, the state rips the most gains. The case will be settled faster and will save taxpayers money. It also reduces overcrowding in federal and state jails. It is in the state's best interest to be lenient, particularly those facing charges for minor offenses.

Most defendants usually waive their right to a trial because a conviction can result in an exponentially harsh sentence. Punishment can sometimes be so severe that it demeans the value of putting your hopes in a fair justice system. If the prosecutor offers a reasonable plea deal, most defendants choose not to risk spending more time behind bars.

In some cases, plea bargains are as enticing as offering you two years for a guilty plea rather than risking life imprisonment if you are guilty at trial. Your attorney must inform you concerning the risks of rejecting a plea bargain because the chances of acquittal are narrow if the case goes to trial.

Advantages Of A Plea Bargain To The Defendant

You can secure your release from custody if you are facing criminal charges and wait for trial. Unfortunately, the court does not grant all defendants bail. Some individuals, even those who can secure their release by posting bail, cannot afford it. The leading reason defendants accept plea bargains is the fear of spending months behind bars while waiting for trial.

A plea bargain could constitute a lesser sentence like probation or other sentencing options. In this case, even if a jail term applies, it cannot be as long as the one you could have served if you reached trial and lost. Additionally, it is typical for the judge to review your criminal record if you face the conviction of another crime in the future. If this happens, you should take a no-contest plea instead of a conviction after trial. If you face a conviction for other crimes in the future, a criminal record is always an aggravating factor.

A plea bargain usually involves reducing a felony charge to a misdemeanor. This could mean more than just a lesser sentence for you. It could also mean that you protect your job prospects in the future, retain your professional license, and preserve your civil rights. California uses the three-strike system, and it would be better for you to accept a plea bargain and plead guilty to a non-strike crime.

Motion To Suppress Evidence And How It Affects Cases Going To Trial

A motion to suppress evidence can prevent accusations from proceeding to trial. A motion to suppress evidence is a pretrial motion, which you can raise to remove any unlawfully gathered evidence. The prosecutor cannot introduce the illegally acquired evidence at trial if the court rules in your favor. The prosecutor will have nothing to present at trial when the evidence is wholly suppressed. In this situation, what could remain is for the court to dismiss your charges or resolve them into a plea deal.

You can raise the motion to suppress evidence at a pretrial hearing held to address the motion specifically. You can also do so at the preliminary hearing. Suppressing evidence via a pretrial motion means removing evidence secured through unlawful search and seizure. Penal Code 1538.5 defines illegal search and seizure as:

 A search that portrays police misconduct

  • Violation of both state and federal constitutional search standards.
  • The law enforcement officer has no probable cause to search your property or person.
  • The law enforcement officers searched a property that was not on the warrant.
  • The police searched your person or property without a warrant.
  • A search that is carried out without a warrant or is unreasonable.

Both you and the prosecutor must present the required evidence when filing this motion. A search without a legal search warrant is unreasonable. The burden lies with the prosecutor to prove that the search was reasonable in this case. A search carried out with a warrant is presumed to be lawful. In this situation, you or your attorney must prove the warrant was unlawful.

Irrespective of the party providing the evidence, the responsible party must prove the case by a "preponderance of the evidence." You must also show that you expected reasonable privacy in the unlawfully searched place. If you fail to meet these requirements, the court will deem the search lawful; the judge will not suppress the evidence.

The law excludes the following places or properties as places where you need reasonable privacy:

  • A vehicle you were driving but did not own it.
  • A car that you have stolen.
  • An abandoned place.

The law, on the other hand, includes the following properties as items or areas where you need reasonable privacy:

  • Your personal belongings.
  • A tent meant to keep you away from the public.
  • The contents of your phone.
  • Your home.
  • Your Vehicle.

Find A Criminal Defense Attorney Near Me

No matter how complex your criminal charges are, there is always a likelihood that your case will not proceed to trial. Not all cases proceed to trial. Whether or not your case will proceed to trial depends on the type of offense, the prosecutor's evidence, and your defense strategy. Hiring an experienced criminal defense attorney increases your case's likelihood of not proceeding to trial. When your attorney presents the defense and challenges the prosecutor's evidence, the prosecutor can give you a plea bargain. For reliable legal representation, contact the Los Angeles Criminal Attorney. Call us at 424-333-0943 to speak to one of our attorneys.