The decision to accept a plea or go to trial is one of the most important choices a defendant makes. Understanding the factors helps you make an informed decision.
Key Takeaways
- Trial is a constitutional right but carries risk
- Pleas often include sentencing concessions
- Collateral consequences affect immigration, employment, housing
- Your attorney should explain all consequences
Collateral Consequences
- Immigration: Deportation, inadmissibility, bars to relief
- Employment: Background checks, professional licenses
- Housing: Public housing eligibility
- Civil rights: Firearms, voting in some jurisdictions
The "Trial Tax"
It's an ugly truth of the system: Defendants who go to trial and lose often get harsher sentences than those who plead guilty. Judges and prosecutors view a plea as "acceptance of responsibility." Going to trial consumes government resources.
This doesn't mean you shouldn't go to trial—especially if you are innocent or the case is weak—but you must weigh the risk of a "max" sentence vs. the certainty of a plea deal.
Brady Material: Hiding Evidence
Prosecutors are constitutionally required (under Brady v. Maryland) to turn over any evidence that helps your case (exculpatory evidence). If they hide a witness who says "it wasn't him," and we find out later, the case can be thrown out. We aggressively demand Brady disclosures in every case.
Padilla v. Kentucky: Your Right to Know
In 2010, the Supreme Court ruled that criminal defense attorneys MUST advise non-citizen clients about the immigration consequences of a guilty plea.
If your lawyer told you "this plea won't affect your green card" and they were wrong (e.g., you pled to a generic "theft" charge that turned out to be an Aggravated Felony), you may have grounds to vacate your conviction years later via a "Post-Conviction Relief" (PCR) motion. We handle these "Padilla Motions" to clean up old records so clients can finally naturalize.
Your Freedom is On the Line—Don't Wait
Criminal charges move fast. The decisions you make in the first 24 hours—like speaking to police or consenting to a search—can decide your future. We are available for urgent legal representation.
We offer a free, confidential consultation to discuss defense strategies.
Speak to a Defense AttorneyWhat is an Alford Plea?
An Alford Plea is a guilty plea where you maintain your innocence but admit the government has enough evidence to likely convict you. It has the same legal effect as a conviction but allows you to avoid admitting guilt publicly.
Disclaimer: This article is for general information only and is not legal advice.