A criminal drug case can lead to several possible outcomes. First, the accused and the state prosecutor can reach a plea deal following negotiations by your defense attorney.
Under this type of agreement, the accused person typically agrees to plead guilty to a criminal offense in exchange for some concession from the state prosecutor handling the case.
For example, in exchange for pleading guilty, the state prosecutor might agree to offer the accused a period of probation or reduce the criminal charge from a felony drug crime down to a misdemeanor drug offense. We can also negotiate with the state prosecutor for a plea deal that is favorable to you and which is in your best interests.
However, if an accused individual decides to agree to a plea deal, they must ordinarily give up certain legal rights.
First, by pleading guilty to an offense, they give up their right to a trial by jury, as well as their right to an appeal. They must also tell the judge that they agree to the plea deal voluntarily and freely. In other words, they must indicate that no one coerced them into making the plea deal and that they are making it of their own accord.
Another possible option for resolving a criminal drug case is to take the case to a bench or jury trial. The judge is the trier-of-fact at a bench trial and determines the accused individual’s guilt or innocence.
However, at a jury trial, the jury must decide, based on the evidence that the parties present, whether the accused individual is guilty or innocent of the underlying criminal drug charge. If a jury finds the accused individual guilty, then a judge is left to impose the sentence following state statute.
If you have a solid legal defense to your criminal drug charge, then taking your case to a jury trial may be the better option. Your attorney can advance one or more legal defenses on your behalf at trial.
If the defense succeeds, it may prevent the state prosecutor from satisfying their legal burden of proof in the case, resulting in a complete dismissal of your criminal case.
The knowledgeable Orange County drug crime attorneys at Chudnovsky Law can help you decide whether to accept a plea deal from the state prosecutor or take your case to a trial. If you choose the trial option, we can aggressively advocate for your rights and interests in the courtroom and work to pursue a not-guilty verdict or a dismissal on your behalf.