Should I Plead Guilty to a Criminal Charge or Go To Trial?

This is one of the most fundamental questions in the criminal justice system. There was a time when courts were not sure that plea-bargaining was constitutional. However, now the practice is as common as lawyers wearing ties.

Heavy Caseloads Means Plea Bargains are Desired

Because of the often crushing caseloads of many prosecutors piled upon the charge to the jury, they are forced to make deals. In NYC, with 400,000 arrests per year, if there were no plea-bargaining the system would collapse. So when do you know when to take the plea or not. This can only be accomplished after you and your lawyer have looked at all of the evidence against you. I show all of my clients the police reports and other evidence because they can tell me if the police are actually telling the truth or just fudging the facts to make an arrest. In a recent case a client told me he was arrested for a felony just because the police wanted to pressure him to give up information. After six months we were able to get the case dismissed.

Sometimes No Plea is Best

There are times when no plea will do in either a standard criminal trial or even a bench trial. I find that in many domestic violence cases, the charges are manufactured to help one party in another proceeding. I stand my ground on those cases. It is also important to have your attorney negotiate with the prosecutor. Always ask for more than you think you will get. Look for an attorney with negotiating experience. Lastly, if you are truly innocent don't be afraid of a trail. I find that most of the time jury's do the right thing.

• This article id provided for informational purposes only, and should not be construed as legal advice. If you need help with a Criminal Charge, click here to talk to Michael Discioarro or a Criminal Defense Lawyer near you.