Criminal Cases: Trial versus Plea Bargain or Diversion
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Minimize the punishment for the client
Speak with assigned prosecutor and humanize client
Look for felony or misdemeanor diversion
Veterans court, drug court, state agreed diversion, court ordered diversion
Aim for reduced charges
The fight- reviewing all evidence and searching for applicable motions to suppress. Look at defenses in Trial.

Attorney does not make decisions on which path to follow. THE CLIENT DECIDES. Many attorneys may take exception to this but this is the truth. The client should be provided with options. They must choose. The attorney should then go 100 percent in that direction. The attorney chooses how to pursue the clients wishes.

There are a number of advantages and disadvantages to going to trial in criminal cases. One advantage is that it allows the accused to have their day in court. This means that they can present their side of the story and try to disprove the prosecution's case against them. Additionally, going to trial gives the accused an opportunity to cross-examine the prosecution's witnesses and to call their own witnesses to testify on their behalf. Another advantage of fighting the case is that pre-trial motions can be filed that allows for judicial scrutiny of the evidence against the accused. This can result in the exclusion of evidence that is illegally obtained or that is not relevant to the case. Additionally, going to trial gives the accused an opportunity to challenge the prosecution's case on factual grounds.



There are also a number of disadvantages to going to trial in criminal cases. One disadvantage is that it is often a lengthy and expensive process. Additionally, going to trial puts the accused at risk of receiving a harsher sentence if they are convicted. We refer to this as trial tax. Additionally, going to trial can be stressful and emotionally taxing for the accused and their family. Finally, going to trial can have a negative impact on the accused's reputation, even if they are ultimately acquitted.



Most criminal cases in the United States end in a plea bargain rather than a trial. A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty to a lesser charge or to a reduced sentence in exchange for cooperation with the prosecution or in exchange for pleading guilty to the original charge.



Plea bargaining has its advantages and disadvantages. One advantage is that it saves the time and expense of a trial. A trial can take months or even years to complete, and it can be very costly. A plea bargain can be completed in a matter of a few months.



Another advantage of plea bargaining is that it allows the defendant to avoid the risk of a more severe sentence if convicted at trial. If the defendant pleads guilty, the sentence is usually much lighter than it would be if the defendant were convicted of the original charge.



A third advantage of plea bargaining is that it allows the victim and the victim's family to avoid the trauma of a trial. A trial can be a very emotional experience, and it can be difficult for the victim and the victim's family to relive the events of the crime.



There are also some disadvantages to plea bargaining. First, is that you are pleading guilty or no contest to criminal charges. You have a criminal record and it says that you plead guilty or No contest. In Florida, you will often receive a withhold of adjudication but not always.



Second, you may receive probation or incarceration or a combination of both. You may be placed on house arrest. You may be ordered to complete certain requirements, such as drug and alcohol evaluations and any follow treatment, community services, anger management, etc.



Plea bargaining is a controversial practice, and there are arguments for and against it. Some people believe that plea bargaining is an important tool that allows the criminal justice system to function efficiently. Others believe that plea bargaining is a practice that results in injustice.


What do you think? Should plea bargaining be allowed in criminal cases? Why or why not?

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