Why Does My Lawyer Think I Should Go to Trial?

Nowadays, in federal court, many lawyers hardly ever utter the phrase “I think we should go to trial.” A generation ago, criminal trials in federal court were somewhat common. Today, plea bargains resolve over 95 percent of federal criminal cases.

For both sides, a bird in the hand is normally worth two in the bush. Prosecutors usually choose a criminal conviction over the risk of seeing a defendant walk. Defendants usually choose a lighter sentence over the risk of much more serious punishment.

Nevertheless, usually in one of the three scenarios outlined below, a Tampa federal criminal defense lawyer may advise a defendant to go to trial. The defendant has the final decision, but a defendant should normally defer to an attorney in these situations.

Negotiations Broke Down

Plea negotiations usually begin as soon as a Tampa federal criminal defense lawyer evaluates a case and determines the issues involved. A criminal case could have legal and/or evidence issues.

A DUI on federal property, like a military base, is a good example. MPs or other police officers must have reasonable suspicion to detain suspects. Driving late at night or leaving a place that serves alcohol isn’t an evidence-based hunch of criminal activity (reasonable suspicion). At best, these “facts” are just hunches.

In terms of evidence, a defendant’s refusal to provide a chemical sample deprives the prosecutor of crucial evidence. If the defendant didn’t perform field sobriety tests, like the one-leg stand, the case is nearly impossible to prove.

An attorney then leverages these issues during negotiations to obtain a better result. So, in many ways, preparing for plea negotiations is almost as time-consuming as preparing for trial.

Sometimes, however, negotiations break down. Sometimes, prosecutors and defense lawyers are so far apart that they cannot reach an agreement. Other times, political constraints enter the picture. DUI is a good example of this political hand-tying. Many U.S. Attorneys refuse to reduce weak DUIs to something like reckless driving.

Strong Defense

As mentioned, trial is a risk for both sides. Sometimes, for a defendant, a trial is like holding on 20 during a blackjack game. Since the risk of losing is so minimal, the risk is worth taking.

Let’s stay with the DUI example. The conviction rate is incredibly low in complete refusal cases (no chemical test and no field tests). Prosecutors must rely on weak circumstantial evidence, like bloodshot eyes, which, at best, establishes alcohol consumption.

Of course, there’s a risk that the dealer could get 21, and there’s a risk a judge or jury might find against the defendant. Only the defendant can decide if the risk is worth taking.

Incidentally, two kinds of trials are usually available. A jury is the fact finding body in a jury trial, and the judge is an individual fact finder in a bench trial. In both cases, the judge is a legal referee.

Take a Stand

For the most part, plea negotiations are private. The only public portion is the plea of guilt. In contrast, for the most part, trials are public. This publicity enables a defendant to take a strong stand on a controversial issue, like drug possession on federal property.

We should mention that your Tampa criminal defense lawyer should take a stand for you and not for some general cause. This issue is common if an advocacy group represents a defendant. Sometimes, that group is committed to a cause, not a person.

Work With a Tenacious Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced federal criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.