Plea or Not to Plea

Plea—or Not to Plea? Understanding Your Options When Facing Criminal Charges

Introduction

Many clients assume that if they’re innocent, rejecting a plea offer should be straightforward. But the truth is, even innocent individuals can be found guilty—and the decision whether to accept a plea warrant thoughtful consideration.

Section 1: Why Some Choose Plea Deals—Even When Innocent

Pleas aren't always about guilt. Here’s why some defendants accept them:

• Unpredictable outcomes: No one can predict how a jury will respond—even in cases without video or physical evidence—when they're weighing subjective witness testimony.
• Clarity and certainty: A lesser plea lets you know exactly which charge you'll face, even though sentencing sometimes remains uncertain.

Section 2: When a Jury Trial Might Be the Better Option

Despite uncertainties, pursuing a trial may offer critical advantages:

• Potential acquittal: Some defendants win at trial where evidence is weak or contradictory.
• No deal is final: You avoid the automatic conviction that comes with a plea—even if it’s to a lesser charge.

Section 3: Understanding the “Trial Penalty”

The difference between a plea deal’s promise and a harsher trial outcome is called the trial penalty. In the U.S., defendants often face significantly harsher sentences if they go to trial—and lose—than they would under a plea bargain.

While judges cannot penalize someone for exercising their right to a trial, sometimes details and testimony come out at trial that the judge would not have heard if a plea was entered. Those details and testimony can enhance the sentence of someone if they are found guilty at trial.

Section 4: Types of Pleas You Should Know

• Guilty Plea: A formal admission of guilt.
• No Contest (Nolo Contendere): You accept punishment without admitting guilt—but a conviction still appears on your record. Certain rules and limitations apply. This is often beneficial in a case where a civil action might be filed. A no contest plea cannot be used against a person in a civil case.
• Alford Plea: You maintain innocence while accepting the consequences—offered in limited jurisdictions.

Understanding these options—and their long-term implications—can help you make an informed choice.

Section 5: How an Attorney Can Help You Navigate This Decision

A criminal defense attorney can:

• Explain how plea offers affect sentencing and record implications.
• Evaluate the strengths and weaknesses of your case, including jury unpredictability.
• Discuss strategic considerations, from avoiding harsher penalties to maintaining your rights.

In Ohio—or specifically Toledo and the surrounding areas—consulting an experienced attorney like Brian C. Morrissey can make a critical difference in your decision-making process.

Conclusion

If you're looking for a defense lawyer, weighing plea options, or considering trial, don’t face these choices alone. Contact Brian C. Morrissey, Attorney at Law, for a free consultation at 419-830-7441.