If probable cause is found, the defendant is bound over for trial and asked to enter a plea of not guilty or guilty. Sometimes after reviewing the evidence obtained through the discovery process, defense counsel will wish to file motions to limit the introduction of evidence at a trial or to have a case dismissed altogether. Many times these motions will be made in an effort to suppress evidence obtained through a potentially illegal search or seizure. If the evidence is thrown out, the case may be dismissed. Counsel may file motions to prevent the introduction of evidence which may be irrelevant or so prejudicial as to prevent a fair trial.
All trials carry the risk of conviction.
Thus, defense counsel and his client may determine after a review of the evidence that a negotiated settlement of the case should be considered. Sometimes, a prosecutor will agree to reduce the charges or to make a favorable recommendation regarding sentencing. If an offer is made that provides enough incentive for the defendant to waive his right to a trial, a plea bargain may be entered into between the parties to resolve the case. Before a judge can accept a plea of guilty from a criminal defendant he or she must determine that the plea is freely and voluntarily given and that the person understands the rights he or she is waiving. Thus, a judge will usually inquire as to whether the person understands that he is waiving a trial by pleading, waiving the right to confront and cross-examine witnesses, waiving the presumption of innocence, and waiving the right to most appeals.