Detroit, MI asked in Criminal Law and Sexual Harassment for Michigan

Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

2 Lawyer Answers
Dana B. Carron
Dana B. Carron
Answered
  • Criminal Law Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: Your choices will depend on the details of your specific case, and the proofs that the prosecution has. Your current lawyer will be able to give you much better advice than anyone here who does not know the specific factual details and proofs available against you in your particular case.

Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.

You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think the facts are. Your lawyer's job is to explain what the law says is wrong and whether the prosecution can prove your conduct violates the law based on the facts.

Trials are risky. Often times, people - especially those accused of CSC - go to trial hoping for that made-for-TV drama moment: one of the witnesses stands up and declares they were lying this whole time and the defendant is actually innocent. That rarely, if ever, happens. Sometimes too, people believe it doesn't matter what the law says because they did the right thing. Both are dangerous mentalities.

Listen to your lawyer. You must assume that everyone is going to testify according to the police report, unless you KNOW - through proper investigation - otherwise. If that testimony satisfies the jury instructions, a jury will convict you. If you, or your attorney, believe there is a genuine question - not just a hope and belief - than perhaps you should consider a trial.

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