Introduction: The Right to Trial
One of the fundamental rights guaranteed to every defendant in a criminal case is the right to a trial. Sometimes the right is to a trial by jury and sometimes it is to what is called a bench trial, or a trial by judge. This means that no one can force you to go to trial — but also that no one, not even the prosecution, can force you to waive your right to a trial. Only the defendant can choose to waive this right by pleading guilty, and this decision is often shaped by a range of legal, practical, and personal factors.
In this blog post, we’ll explore the key factors that influence whether a case goes to trial and how both the defense and prosecution navigate these complexities.
The Defendant’s Choice
At the core of the decision to go to trial is the defendant’s choice. No matter what factors are at play, the trial is a right that belongs solely to the defendant, and only the defendant can waive it. This means that no matter how strong or weak the prosecution’s case is, it is up to the accused to decide whether to go to trial or to plead guilty, usually by entering into a plea agreement.
That said, the prosecution often works to make the choice to waive trial more attractive than going through with it. By offering plea deals with reduced charges or lighter sentences, the prosecution aims to incentivize defendants to avoid trial. While this may sound like a straightforward process, there are many considerations behind the scenes that both parties must weigh before making these decisions.
Key Factors in the Decision to Go to Trial
1. Strength of the Evidence
One of the most important factors influencing whether a case goes to trial is the strength of the evidence. The prosecution’s case may hinge on physical evidence, witness testimony, or other forms of proof.[1] If the evidence is weak or riddled with inconsistencies, the defendant may feel more confident in their chances at trial. Conversely, if the prosecution has a strong case, the defendant may push for a plea deal to avoid the uncertainty of trial.
2. The Severity of the Charges
In general, more serious charges are more less likely to go to trial. The stakes are so high at trial, that it is easier for the prosecution to make a sufficiently appealing offer for the defendant to waive their trial rights. However, there comes a point where the allegations are so serious that the prosecution has a greater interest in taking the case to trial and, for lack of a better term, “making a show of it,” that resolving the case by plea becomes unlikely. For minor misdemeanor charges, defendants may find plea deals more appealing to avoid the hassle and expense of trial, but generally the difference between a conviction at trial for a minor misdemeanor and a conviction by plea is so small that defendants cannot be faulted for choosing to “roll the dice” with a trial.
3. Potential Consequences
For many defendants, the potential consequences of being found guilty at trial play a significant role in the decision-making process. In some cases, the sentence after a guilty verdict at trial can be far more severe than the terms of a plea deal. This discrepancy can make accepting a plea deal the safer option, even for innocent defendants who fear the uncertainty of a jury’s decision. It is a sad reality of our criminal system that every day people plead guilty to things they did not do because they recognize that the risk of going to trial is too great and they would rather accept the relatively minor consequences from a plea deal than risk the much harsher consequences from a guilty verdict.
Deciding whether to go to trial isn’t just a legal decision—it’s often an emotional one as well. The weight of uncertainty, fear of harsher penalties, and pressure to accept a plea can feel overwhelming. Having a skilled defense attorney by your side can ease this burden, offering you the reassurance of knowing you’re making the most informed choice possible.
4. Prosecutorial Strategy
The prosecution usually has the upper hand in negotiating plea deals, thanks to their discretion in charging decisions. Prosecutors may “overcharge” a defendant, bringing multiple or more severe charges than necessary to create leverage in plea negotiations. For example, a defendant might be charged with both a felony and a misdemeanor to encourage them to accept a plea that drops the felony.
While this may sound unethical, prosecutors are generally allowed to file any charges they believe they can prove at trial. This strategy is designed to make the risks of trial less appealing to defendants, increasing the likelihood that they’ll accept a deal.
Dismissal Before Trial: On the other hand, the prosecution might decide to dismiss a case entirely before trial if they determine they don’t have a reasonable chance of success or that it’s not worthwhile to expend the resources. However, even in these situations, the prosecution may still attempt to negotiate a plea deal, hoping to get some sort of conviction, even if they know they won’t take the case to trial. I often consider this a form of bluffing because the prosecution knows it is not going to win at trial (at the very least because it is not planning on taking the caser to trial at all), bit negotiates under the premise that it will win at trial. This tactic can sometimes put additional pressure on the defendant to resolve the case without going through a trial.
5. Case Complexity
Certain cases are more likely to go to trial due to their complexity. If a case involves multiple defendants, intricate legal arguments, or novel legal issues, the likelihood of going to trial increases. In these cases, both the defense and prosecution may find that a trial is necessary to resolve key legal questions or determine liability. Complex cases often involve extensive discovery and legal wrangling that can make resolving them through a plea agreement difficult. Having a skilled attorney who can navigate these complexities is crucial to ensuring a fair outcome.
6. The Role of Defense Counsel
Your defense attorney plays a critical role in advising whether to take a plea or go to trial. An experienced attorney will evaluate the evidence, examine the strength of the prosecution’s case, and provide guidance on your best course of action. It can be very hard, if not near impossible, for people to be able to tell when the prosecution is bluffing. Experienced defense attorneys are better qualified to make an educated and informed guess about whether or not the state is bluffing and advise their client accordingly. Knowing when to call a prosecutor on their bluff can make all the difference in the world.
7. Time and Cost Considerations
Trials are lengthy, expensive processes that require significant time and resources from both the defense and the prosecution. Sometimes, the sheer cost and time involved in a trial can influence both parties to negotiate a plea deal. For defendants with limited financial resources, avoiding the expense of a trial may be an important factor in their decision-making process. It is common for defense attorneys to charge a separate trial fee in order to help their clients avoid paying for a trial they will never have. Although not charging for the trial upfront relives the financial burden of hiring a defense attorney, it can make the decision of whether or not to take the case to trial that much more difficult down the road, because the client is adding the consideration of the added expense to their calculus.
8. The Prosecution’s Caseload
Overburdened prosecutors with heavy caseloads may prefer to resolve cases through plea agreements rather than lengthy trials. This creates an incentive for the prosecution to offer attractive plea deals, especially in less serious cases where the chance of a lengthy sentence is lower. This contributes as well to how more serious cases tend to go to trial, because the prosecutors who handle the more serious cases tend to have lighter caseloads with fewer cases, which makes them more “available” and willing to take any given case to trial. Conversely, a prosecutor who is handling 200+ minor misdemeanor cases is going to be much more interested in resolving as many of them with as little effort and time as possible.
Conclusion: Who Decides Whether Your Case Goes to Trial?
Ultimately, the decision of whether or not your case goes to trial rests with you, the defendant. While the prosecution may offer plea deals and attempt to incentivize you to waive your right to trial, it is your decision whether to go to trial or accept a plea bargain. With the guidance of a skilled defense attorney, you can evaluate the risks and benefits of each option and choose the best path forward.
Facing criminal charges can be overwhelming, especially when deciding whether to take your case to trial. Don’t wait until the pressure mounts—reach out today for a consultation to protect your future and ensure you’re making the best decisions for your case. With experience navigating Arizona’s criminal system, we can help you assess your options and make the right decision for your future.
[1] For more on the role of evidence in trials, check out my other blog posts, “Understanding the Importance and Limitations of Eyewitness Testimony in Criminal Cases,” “The Role of Evidence in Criminal Cases: What You Need to Know,” and “Is Forensic Science Reliable? A Criminal Defense Attorney Explains.”
