Do I Decide if My Case Goes to Trial?

If you are officially facing criminal charges in Orange County, California, you have no other choice, you’re going to have to go down this road. Now you’re wondering, “Will my case go to trial?” This is a good question!

While you may not be able to control all of the players – the judge, the prosecutor, any eyewitnesses, and any police officers or detectives – you do maintain some control over how things play out.

Let’s say the prosecutor puts a deal on the table. You’re being accused of beating a guy up and hospitalizing him for two weeks. The prosecutor offers a plea bargain where you’d have to plead guilty or nolo contendere, but you insist you did nothing wrong.

You only beat up the guy because you saw him attacking his wife in a parking lot. Being the Good Samaritan, you ran over and tried to stop him. Instead of stopping, the man turned his anger on you and started attacking you. You had no other choice but to fight back, and if you had to do it all over, you wouldn’t have changed a thing – justice was served.

When Your Attorney Wants You to Take the Deal

Even if your defense lawyer says you should take the deal, that does not mean you have to. It is always your choice whether or not to take a plea bargain. By all means, you should listen to your attorney’s advice, but you are not legally required to follow it.

You should always ask your lawyer questions so you can understand their advice before you make any decision, especially when you decide to accept or reject the prosecution’s offer.

Your Lawyer’s Duty to Communicate for You

The decision to accept, offer, or reject a plea bargain is ultimately yours to make, and the same goes with trial – it’s up to you. It’s your defense attorney’s job to fully explain what you’re up against, the likely consequences of your choices, to answer your questions, and to communicate with the prosecutor on your behalf.

Your lawyer must relay any offer that you want to make to the prosecutor, and relay any of the prosecutor’s offers to you. It doesn’t matter what your attorney thinks about any such offer, they have a duty to relay them.

We sincerely hope this information answers your questions. If you’re facing criminal charges, please contact our firm to meet with an Orange County criminal defense lawyer for free!

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Law Offices of Virginia Landry, Inc. - Orange County Criminal Defense Lawyer
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