Trial vs. Plea Agreement?
The decision on how to plead is up to you. Your attorney may negotiate with the prosecutor to try to resolve the case with the most favorable result. This does not mean that your attorney thinks you are guilty or that you are being encouraged to plead guilty. You have the right to be told all options available to you in order to make an informed decision. Your attorney has a duty to provide you with this ongoing information. If a plea agreement is not reached, then you will go to trial. Your innocence or guilt is determined at this stage. You are entitled to choose between a non-jury (bench) trial and a jury trial. You will decide on what type of trial and whether you wish to testify. Your attorney will advise you on these decisions, however, the decision is yours to make. The prosecution must prove your guilty beyond a reasonable doubt. If the prosecution does not meet this burden, then you will be found not guilty and the case is completed.