Each side gets a certain number of preemptory strikes, meaning each can excuse a prospective juror for whatever reasons. The jury then hears the case and following receipt of jury instructions and closing arguments by counsel, retire and deliberate the guilt or innocence of the defendant. Most jurisdictions are overloaded with cases. If every case that was filed actually ended up being tried, the backlog of cases could be enormous and the delay rather lengthy. The Prosecutor and the Defense Attorney will determine the strengths and weaknesses in the case and particular beliefs as to how the Court may react to the specifics of that case.
Negotiations take place wherein an agreement is reached regarding the outcome of the case.
If the Defendant accepts the offer, then a document is filed with the Court setting forth the terms of the plea. A plea agreement may be reached wherein this jail possibility can be avoided. The plea may involve conviction of a lesser charge. Plea Bargaining is a necessity in most jurisdictions. However, it should only take place after careful examination, discussion and evaluation of the case has occurred.