Plea or Not to Plea

​Many people think it is very easy to reject a plea offer if they have done nothing wrong. However, innocent people can still be found guilty. Many people do not take a reduced plea because they are guilty, they take pleas because they do not know who will be on a jury and what those people will do.

Some cases do not have clear proof. Some cases are entirely based upon witness testimony. In a theft case, there may not be a video of the event. In a rape case, there may not be physical or DNA evidence. In a domestic violence case, there may not be any physical injuries. Cases like these may be based entirely on witness testimony. If a jury or judge believes the alleged victim at trial, then the verdict will be guilty. If the judge or jury does not believe the alleged victim, then it will likely be not guilty.

So what should a person do when they are faced with the decision to plea to a lesser charge? A plea to a lesser charge has the benefit of allowing a person to know exactly what they will be found guilty of. They may not necessarily know what the judge will do for sentencing, but the charges are known. But a jury trial is usually all or nothing (depending on how many charges and what type of charges there are). It's possible to beat all of the charges at trial, but trials are incredibly unpredictable and no one can guarantee how a trial will go.

A person will be found guilty if they plea, but no one can predict what a jury will do. Depending on the evidence, a plea deal may be what is best. Sometimes a case needs to be tried to a jury. Every case is different. If you have a case and are in need of an experienced criminal defense lawyer, call Brian C. Morrissey, Attorney at Law, at 419-830-7441 for a free consultation.