Trial Versus PleaIf a case is not dismissed or dropped by the State, then it is likely to be resolved by either a Trial or a Plea. Most adult criminal trials are done with a jury (although this can be waived under certain circumstances and the Judge may hear it). The Jury has to find that the State has proven the individual guilty beyond a reasonable doubt. If the Jury comes back not guilty, the individual is free on that charge. If the Jury comes back guilty, then the Judge will determine the sentence. In Felonies, the Judge will usually follow the Criminal Punishment Code (or what the defendant “scores”), but the Judge is legally allowed to sentence the individual to anything up to the maximum penalty under the law. Often times, a defendant will not want to risk such a severe penalty. In these circumstances, the State and Defense attorneys will negotiate a plea agreement. If a defendant pleas to a charge, they often receive a lighter sentence than what could be handed down upon a guilty jury verdict. A plea also means that there will be no jury trial. Lastly, pleas are often a way for a defendant to resolve a case quickly and avoid the possibility of multiple court appearances waiting for an available jury to try their case. |
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