In some federal criminal cases, defendants will choose to fight their charges at trial, asserting their innocence or forcing the government to prove its case beyond a reasonable doubt. However, this may not always be the best course of action, and deciding whether to go to trial on federal charges requires a careful evaluation of the benefits and risks doing so entails. An experienced criminal defense attorney can evaluate whether going to trial represents the best defense strategy to help you secure a favorable resolution to your charges.
The Risks of Going to Trial in a Federal Criminal Case
Choosing to take your federal case to trial will mean facing the risk of various negative consequences and outcomes. Some of the most critical risks of going to trial in a federal criminal case include:
Potential for Harsher Sentences
In many cases, federal prosecutors will offer a defendant a plea deal, under which the defendant agrees to plead guilty to offenses in exchange for a favorable sentencing recommendation. As a result, when a defendant refuses the government’s plea offer and chooses to take their case to trial, they face the risk of receiving a harsher sentence than they would have received under the plea deal. Although a federal court does not have to accept the government’s sentencing recommendation in a plea agreement, judges almost always sentence defendants per the terms of their plea deals. Sentences in plea agreements typically involve less prison time and lower fines than defendants receive when convicted at trial.
According to the Pew Research Center, approximately 90 percent of federal criminal defendants pleaded guilty, while only 2.3 percent of defendants took their cases to trial. Over 80 percent of federal criminal trials resulted in guilty verdicts.
Financial Costs Associated with a Trial
Going to trial in a federal criminal case also means incurring additional legal costs. Criminal defense attorneys will spend considerable time preparing for trial. Federal criminal trials can also take a long time to complete, depending on the defendant’s charges and the evidence in the case. In addition, defendants may have other legal expenses if their case goes to trial, such as paying expert witness fees.
Taking federal criminal charges to trial can also have other financial consequences for defendants. When a person gets arrested and charged with federal crimes, they may lose their employment due to the stigma associated with an arrest and prosecution. Defendants may face difficulty finding new employment while under prosecution for a federal crime. Employers may want to avoid hiring someone who may end up in federal prison in a few months.
Emotional and Psychological Impact
A federal criminal trial can have a significant emotional and psychological effect on a defendant. Waiting for your case to reach trial can become emotionally draining as you worry about a potential conviction and criminal sentence. The trial itself can also cause you considerable anxiety and stress, especially if you choose to testify in your defense. Taking a federal criminal case to trial can also have significant emotional consequences for a defendant’s family members, who may also worry about what will happen to them.
The stigma of federal criminal prosecution can also cause long-term reputational damage for defendants. Although the criminal justice system presumes all defendants innocent unless proven guilty, people may view an arrest and indictment as proof enough of a person’s criminal behavior.
Risk of Unpredictability in Jury Decisions
Finally, rejecting a plea deal in favor of going to trial also means taking on the risk of the unpredictability of the jury’s verdict. No matter how strong you find your or the prosecution’s case, you cannot guarantee the outcome of a federal criminal trial. Even if you know you did not commit the charged crime, the government’s case may convince the jury that you did. Most federal criminal defendants who choose to go to trial receive a guilty verdict rather than an acquittal.
Evaluating Strategies for Your Defense
Deciding whether to go to trial in your federal criminal case begins with evaluating your defense strategy. Hiring an experienced federal criminal defense attorney can help you build a compelling defense and determine whether a plea deal or going to trial will secure the best possible resolution under the circumstances of your case.
The Role of an Experienced Federal Criminal Defense Attorney
A federal criminal defense attorney can help you determine whether you should take your case to trial by vigorously negotiating with federal prosecutors to obtain the most favorable plea deal possible. Once you know what kind of sentence you could obtain through a plea deal, a criminal defense attorney can help you assess the strengths and weaknesses of your case and the government’s case to evaluate your chances of obtaining an acquittal at trial.
Deciding Whether to Go to Trial or Accept a Plea
Factors to consider in deciding whether to pursue a plea deal or go to trial in your federal criminal case include:
- The nature of the charges, including the possible penalties that the court can impose after a conviction
- The strength of the prosecution’s case
- The terms of any plea deal offered by the government
- Your criminal history, which can influence the court’s sentencing decision
- Available defense strategies based on the evidence in the case
- Personal and professional consequences of a conviction
- The emotional stress of facing trial
Personal, Professional, and Financial Considerations
Finally, deciding whether to go to trial in a federal criminal case also requires evaluation of personal, professional, and financial considerations, such as whether you can financially afford to mount a robust defense, the professional consequences you may experience due to prosecution, and your willingness to deal with the emotional stress of trial. Finally, you can also consider whether or not you committed the charged offense.
Contact a Federal Criminal Defense Attorney Today
If you’ve been charged with a federal crime, an experienced defense attorney can evaluate the strength of the prosecution’s case and your other legal options. That way, you can better decide whether to take your case to trial. Contact the Law Office of Case J. Darwin, Inc., today for a confidential consultation with a federal criminal defense lawyer to discuss the benefits and risks of going to trial on your federal charges.
