Fergus Falls, MN asked in Criminal Law for Minnesota

Q: In a criminal case is it best for a defendant to take the plea offered or take it to a jury?

The story is a pretty long one.

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3 Lawyer Answers

A: This question is impossible to answer given the lack of facts. The answer always depends upon the facts of the case, the strength of the evidence against you, the plea offer made, etc. I would suggest that you listen to your lawyer if you have one. If not consult with an attorney ASAP. Only someone informed about the facts of the case can adequately advise you about this.

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Answered

A: Good question, always depends on the faCT’s of each particular case. Be sure to call and attorney that offers free consultations, and get some advice!

A: Like any choice, which is better depends upon the circumstances. If the prosecutor fails to offer a settlement that the defendant views as fair enough to accept, then trial will seem a more attractive alternative. (Sometimes the prosecutor makes what I call "the no offer offer," meaning the offer is no better, or worse, than the worst case scenario after a trial.) Conversely, if the prosecutor's offer meet the defendants outcome criteria for an acceptable outcome, the settlement agreement may seem more attractive than a trial. The trial is more of a defense strength than a prosecution one. A trial involves uncertainty, but for both sides. A trial will be more work and drama, but for both sides. There are different ways to evaluate whether a settlement offer (if any) is better than having a trial. An experienced criminal defense lawyer should be able to help you understand how evaluate the most important factors in making that choice.

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