Weighing Your Options: What Are the Benefits and Drawbacks of Going to Trial in a Criminal Case? 

 Posted on February 06, 2023 in Criminal Law

Going to trial in a criminal defense case can be a complex and highly emotional decision for any defendant. On the one hand, the Constitution protects the right to a fair trial, and the opportunity to present evidence can be crucial in securing a favorable outcome. On the other hand, the process of going to trial can be notoriously time-consuming, costly, and can bring unwanted attention and uncertainty to the defendant as well as their family. In this blog, we will look at the benefits and drawbacks of going to trial in Illinois criminal defense cases to help you make an informed decision.

First, if you have been charged with a criminal act, do not hesitate to contact a distinguished criminal defense attorney who can work to ensure your rights are protected and respected and that a positive outcome is pursued in your case. 

Benefits of Going to Trial

The thought of going to trial may seem frightening to most people. But what are the benefits of deciding on going to trial? Benefits include the following:

• Evidence presentation – The prosecution and defense can present evidence to support their case during a trial. This allows the jury to weigh the evidence and decide based on the facts presented in court. The defense can also cross-examine witnesses and challenge evidence presented by the prosecution, increasing the chances of a favorable case outcome. 

• Jury decision – When a criminal case goes to trial, the decision is made by a jury of 12 people. This helps ensure that the decision is made by a group of individuals rather than a single person. 

• Clear record of proceedings – A clear record of proceedings is made during a trial. This can be highly useful for appeals or future reference, as it provides a detailed account of what happened in court. 

Drawbacks of Going to Trial

While there are plenty of benefits to going to trial, there are also plenty of drawbacks. Some of the drawbacks include the following:

• Time-consuming – One of the biggest disadvantages of going to trial is that it is time-consuming. It can take several months or even years for a case to go to trial, which can be stressful and draining for the defendant and their family. 

• Cost – Trials can be very expensive, as both the prosecution and the defense must prepare their cases, hire expert witnesses, and pay court costs. This can be a financial burden, especially for those already struggling financially.

• Uncertain outcome – Another disadvantage of going to trial is there is no guarantee of a favorable outcome. The jury’s decision is typically final, and there is always a risk of a guilty verdict, which can result in severe consequences like imprisonment or hefty fines. 

• Publicity – Going to trial can bring unwanted attention to the defendant and their family. This can be especially damaging for those not used to being in the public eye and can have long-lasting effects on their personal and professional lives. 

Contact a Rolling Meadows, IL Criminal Defense Attorney

Ultimately, the decision to go to trial should be based on a careful evaluation of the facts and circumstances of each individual’s case. If you are facing criminal charges, do not hesitate to contact a highly knowledgeable Arlington Heights criminal defense lawyer at Scott F. Anderson, Attorney at Law. Call 847-253-3400 for a free consultation.

Source: 

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining/