When Is It Worth Taking A Criminal Case To Court In Florida?

The most common scenario in which it is clearly a good idea to bring a criminal case to court is when the state’s offer is the legal maximum punishment. In this case, there’s no downside to going to trial, so why wouldn’t you go?

In other cases, the decision to take a case to trial is always a matter of risk versus reward. Even if your attorney has an exceptional trial record, there is always a chance you could lose, so you need to understand how a trial would proceed, what elements the state would have to prove, what evidence the prosecutors have, how they would likely use that evidence and what punishments you might face if you were to lose your case. Whether to go to trial is always your decision. That’s not your attorney’s decision. However, your attorney should help you understand what your choice might look like and what it might mean.

There Are Alternatives To Trial

There are typically four ways that a criminal case can be resolved:

1. The state dismisses the charges. That’s not typically something anyone else can do. Only the state can choose whether to dismiss the charges.
2. You can enter your plea directly to a judge. You will then have a sentencing hearing, and the judge will decide your sentence.
3. You might negotiate a settlement with the prosecutor and seek court approval of the negotiated deal.
4. Finally, you can have a judge preside over a trial before a jury of your peers. In such a trial, the state must prove a person’s guilt beyond every single reasonable doubt.

If you’re facing charges, then you don’t get to choose the first option. Typically, you will be looking at choosing between the other three options: entering a plea, negotiating a settlement or going to trial.

It Is Important To Understand How Trials Work

One thing that it is vitally important to understand is that you, as a defendant in a criminal trial, do not have a burden of proof. It is not up to you to prove your innocence. The burden of proof rests solely with the state, and it is important to make sure that jurors understand this during jury instructions.

As an example, I will often ask juries during these instructions, “With my client sitting here right now, who would vote that he’s guilty?” No one ever raises their hand, so I will ask, “Who needs more information?” A lot of people will raise their hand at this point, and I will say, “All right. Who says he’s innocent?” Then I have to point out that it’s the last one. The correct answer is not that the jurors need more information; it is that the defendant is innocent until proven guilty.

Going to trial means that you have the chance to maintain your innocence, but it’s also a bit like poker: You are dealt a hand when you face criminal charges, and it’s up to you to decide how to proceed. Your attorney can help you understand the strength of your position, but there’s always a human element to a trial. Jurors are human beings, and they can do unpredictable things. I have seen them do what I thought was a great job, and, when I was a prosecutor, I saw them acquit people whom I thought shouldn’t have been acquitted. Still, the reality is that going to trial is like going all-in in poker. Instead of finding an exit where you feel you can get out a little bit ahead or a little bit behind, you’re either going to end up walking away or you’re not.

Understand Your Odds

Statistically speaking, people who go to trial end up with worse results than if they had negotiated their cases. When others look at these statistics, they may be more inclined to settle. But ultimately, that choice is up to the defendant, not the attorney.

You want your attorney to help you understand every aspect of a potential trial. These include the following:

• The procedural issues
• What the state needs to prove with its charges
• What the state has for evidence
• How the state is likely to present its evidence
• How your defense might counter the state’s arguments
• The range of potential punishments if you should lose

Then, with this information, it’s up to you to weigh the risks versus the potential rewards of going to trial. If you do go to trial, everything is on the line, and you want to find a trial attorney who is up to the task.