Indicted in Federal Court: Part 4 - Plea Bargaining vs. Trial

Your Fork in the Road: Plea or Trial?

After discovery and pretrial motions, most federal defendants arrive at a critical decision point: plead guilty or go to trial.

This is one of the most important choices you’ll ever make in your case. Understanding both paths—and their consequences—can help you make an informed decision with your attorney’s guidance.

Why Plea Bargaining Is So Common

Over 90% of federal criminal cases end in a guilty plea. That’s not because everyone is guilty—it’s because the system is designed to encourage resolution without trial.

A plea bargain may:

• Reduce charges (for example, pleading to a lesser offense).

• Limit sentencing exposure (the government may agree not to pursue the harshest penalties).

• Offer certainty (you’ll know your likely sentence instead of risking trial).

But plea bargains also require admitting guilt, and once entered, they’re very difficult to undo.

What Happens if You Go to Trial

If you choose not to plead guilty, your case goes to trial. Here’s what to expect:

• Jury Selection: Both sides question potential jurors to ensure fairness.

• Opening Statements: Each side lays out their story of what the evidence will show.

• Presentation of Evidence: The government presents witnesses and exhibits. The defense cross-examines and can present its own evidence.

• Closing Arguments: Each side makes its final pitch.

• Jury Deliberation & Verdict: The jury decides whether the government proved its case beyond a reasonable doubt.

Trial is your constitutional right, but it carries risk. Federal conviction rates at trial are high, and sentences after trial are often harsher than those offered in plea deals.

Who Makes the Decision?

While your attorney will advise you on the risks and benefits, only you can decide whether to plead guilty or go to trial.

Good lawyers will:

• Explain the plea offer in plain language.

• Compare the likely sentence if you accept vs. if you go to trial.

• Be honest about the strengths and weaknesses of the case.

Myths vs. Facts About Pleas and Trials

• Myth: Pleading guilty means you give up all rights.
  Fact: You may still challenge your sentence, and sometimes appeal legal issues preserved in the plea.

• Myth: If you go to trial, you’ll automatically get a harsher sentence.
  Fact: While trial convictions can bring longer sentences, judges still consider individual circumstances.

• Myth: Your lawyer decides for you.
  Fact: Only you decide whether to accept a plea or go to trial.

Questions to Ask Your Attorney

✔️ What is the guideline range if I plead vs. if I’m convicted at trial?
✔️ How strong is the government’s evidence?
✔️ What defenses do we have at trial?
✔️ What collateral consequences (immigration, employment, professional licenses) should I consider?

Key Takeaway

Plea or trial is your fork in the road. Neither path is easy, but with the right preparation, guidance, and clarity, you can make the decision that’s best for you and your future.