Plea Deal vs. Going to Trial: How to Make the One of the Biggest Decisions in Your Criminal Case

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For anyone facing serious criminal charges in West Palm Beach or anywhere in Florida, there is often an important decision that has to be made – do you accept the prosecutor’s plea offer, or do you take your case to trial?

This is one of the key decisions you will make with your attorney, and it can define your future, reputation, and freedom.

Why is that? It’s because trial outcomes are inherently unpredictable.

Even with strong evidence in your favor, jury verdicts depend on twelve individuals’ interpretations, perceptions, and emotions. Jurors may focus on unexpected details, misinterpret testimony, or be swayed by presentation style rather than facts. Witness performance can falter under cross-examination, and legal technicalities may exclude crucial evidence.

The prosecution’s case may prove more compelling than anticipated, or your defense strategy may not resonate as hoped. This unpredictability means even cases that seem winnable carry genuine risk of conviction, with potentially severe consequences including incarceration, fines, and a permanent criminal record.

As a criminal defense lawyer handling high-profile and complex cases at Pakett Law, my role is not to make that decision for you, but to provide the clear, realistic evaluation necessary to make the informed choice.


The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.


The Allure of the Plea Deal: Certainty Over Risk

A plea bargain is an agreement between the State and the defendant where the defendant agrees to plead guilty (or sometimes nolo contendere – no contest) to a charge in exchange for a concession from the prosecution. A no-contest plea means that defendants refuse to admit guilt but accept punishment as if guilty, and is often offered as a part of a plea bargain.

Pros of a Plea Deal

Guaranteed Outcome: This is the greatest advantage. You know exactly what the sentence will be. For example, you know you’ll get 12 months of probation, a misdemeanor conviction, or a specific term of jail time – or some combination of penalties. In the end, you avoid the worst-case scenario.

Reduced Charges/Sentence: The prosecutor often agrees to drop more serious felony charges to a less severe misdemeanor, or to recommend a lighter sentence than the statutory maximum.

Speed and Privacy: The case resolves quickly, reducing the prolonged emotional and financial stress of a lengthy legal battle. For public figures, it helps avoid a media-scrutinized, highly-public trial.

Cons of a Plea Deal

Admission of Guilt: By pleading guilty, you permanently waive your right to assert your innocence, and the conviction is on your record.

Waiver of Rights: You give up fundamental rights, including the right to a jury trial, the right to confront your accusers, and the right to appeal the conviction.

Collateral Consequences: Even a “good” deal can still impact your life significantly, affecting employment, professional licenses, immigration status, and housing. A plea deal can still involve many penalties and extended prison time depending on the crime or crimes.

Going to Trial: You Could Win or Lose Your Case

The decision to go to trial is a demand for justice. It forces the State of Florida to prove, beyond every reasonable doubt, that you committed the crime.

Pros of Going to Trial

The Chance for Acquittal: If the jury finds the State failed to meet its burden of proof, the result is an outright acquittal, meaning no conviction, no probation, and no record (outside of the arrest itself).

Vindication of Rights: You exercise your constitutional right to challenge the evidence and confront your accusers in open court.
Uncovering Weaknesses: A skilled defense attorney uses the trial process to expose flaws in police procedure, inconsistent witness testimony, or constitutional violations (like illegal searches).

Cons of Going to Trial

The Risk of the “Trial Penalty”: If found guilty, a judge is no longer bound by a plea agreement and may impose the maximum sentence allowed by law. This is often called the “trial penalty.”

Uncertainty: A jury’s verdict is inherently unpredictable. Despite strong evidence, a jury may be swayed by emotion or perception.
Time and Cost: Trials are expensive, consume significant time, and place immense stress on the defendant and their family, often dragging out the resolution for months or years.

The Attorney’s Crucial Role: The Cost-Benefit Analysis

Depending on the source, 90% – 98% of criminal cases are resolved through a plea deal. This statistic doesn’t mean trials are pointless; it means the decision to go to trial must be strategically airtight.

At Pakett Law, the evaluation process is rigorous and objective, focusing on the following core elements:

Strength of Evidence: We meticulously scrutinize the State’s case. How strong is the key evidence? Is there a valid Motion to Suppress that could exclude evidence (e.g., illegal search, coerced confession)? If the State’s case is weak, the leverage for a better deal or the potential for acquittal is high.

Worst-Case Scenario: What is the absolute maximum sentence you face if a jury convicts? This is weighed directly against the guaranteed sentence in the plea deal.

Client Priorities: Is the client’s main goal to avoid jail, keep a professional license, or maintain their public reputation? The strategy is tailored to your highest priority.
The final decision is always yours. However, by providing you with an objective, evidence-based assessment of the risk/reward ratio, your attorney empowers you to navigate this critical intersection with confidence.

Need a Florida Criminal Defense Lawyer?

Time is critical. The sooner we get involved, the better chance we have to protect your rights, preserve evidence, and build a powerful defense. Contact my office today to schedule a confidential case evaluation.

The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.

Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.

If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.


The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.

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