Will My Criminal Case Actually Go to Trial?

When you're facing criminal charges in Florida, one of the most common questions is whether your case will ultimately go to trial. Many defendants envision dramatic courtroom confrontations like those portrayed in movies and television shows. However, the reality of the criminal justice system is quite different. Here, a Fort Lauderdale criminal defense lawyer and The Ansara Law Firm explains what you can realistically expect and the factors that determine whether your case will be one of the few that actually reaches a trial.

The overwhelming majority of criminal cases in the United States never make it to trial. According to data from the U.S. Bureau of Justice Statistics:

• Federal Cases: Approximately 97% of federal criminal cases are resolved through plea bargains rather than trials.
• State Cases: At the state level, the numbers are similarly striking, with roughly 94-97% of felony convictions resulting from guilty pleas rather than trials.
• Florida Specifically: In Florida's state court system, less than 3% of criminal cases go to a full trial.

These statistics reflect a national trend that has been consistent for decades. The criminal justice system is designed to resolve most cases without the time and expense of a trial.

Prosecutors in Florida handle enormous caseloads. The Florida court system processes hundreds of thousands of criminal cases annually, and there simply aren't enough resources, courtrooms, or time to try every case. This reality creates a system that relies heavily on negotiated resolutions.

The plea bargaining process has become the standard method of resolving criminal cases. Prosecutors often offer reduced charges or sentencing recommendations in exchange for guilty pleas, which provides certainty for both sides and conserves judicial resources.

For many defendants, accepting a plea deal represents a calculated risk assessment. The potential consequences of losing at trial (which might include maximum sentences) are often significantly worse than the guaranteed outcome of a negotiated plea.

Many jurisdictions in Florida offer pretrial diversion programs for first-time or low-level offenders. These programs allow defendants to complete certain requirements (such as community service, counseling, or treatment) in exchange for having charges reduced or dismissed entirely.

Perhaps the most significant risk of going to trial is facing maximum penalties if convicted. When you reject plea offers and take your case to trial, prosecutors typically pursue the most severe charges and penalties available under the law. This creates what defense attorneys often call the "trial penalty" – the difference between the plea offer and the potential sentence after conviction at trial.

Juries are unpredictable. Even with what appears to be strong evidence in your favor, there's no guarantee how six or twelve strangers will interpret the facts and apply the law. Jurors bring their own biases, life experiences, and values to the deliberation process.

Trials are emotionally draining and financially demanding. They can last days or weeks, requiring your constant presence and attention. The financial burden includes attorney fees that typically increase substantially when preparing for and conducting a trial.

Trials are public proceedings. All the details of your case, including potentially embarrassing or sensitive information, become part of the public record. This exposure can have lasting consequences for your reputation, employment, and personal relationships.

Despite the risks, there are circumstances when an experienced criminal defense attorney might advise going to trial. These may include:

If law enforcement violated your constitutional rights during your arrest, search, or interrogation, your attorney might file motions to suppress evidence. If successful, these challenges can sometimes weaken the prosecution's case enough to justify taking the risk of trial.

Sometimes the prosecution's evidence is simply not strong enough to prove guilt beyond a reasonable doubt. Your attorney might recommend trial if:

• Witness credibility is questionable
• Physical evidence is minimal or compromised
• Alternative explanations for the evidence exist
• Key evidence was obtained illegally

If the prosecution's plea offers are nearly as severe as what you might face after trial, there may be little incentive to accept them. In these cases, going to trial provides a chance, however small, of a better outcome.

Some cases have compelling defenses that might resonate with a jury, such as:

• Legitimate self-defense claims
• Strong alibi evidence
• Clear evidence of mistaken identity
• Compelling expert testimony that contradicts the prosecution's theory

While the system is designed to protect the innocent, innocent people sometimes face criminal charges. If you are truly innocent and have the evidence to prove it, your attorney might advise fighting the charges at trial rather than accepting any plea that requires an admission of guilt.

Perhaps the most significant advantage of accepting a plea bargain is knowing exactly what will happen. You won't face the uncertainty of a trial verdict or wonder what sentence a judge might impose if you're convicted.

Plea negotiations typically result in reduced charges or recommended sentences. For example, a felony charge might be reduced to a misdemeanor, or a prison sentence might be replaced with probation.

Strategic plea negotiations can sometimes minimize the collateral consequences of a conviction, such as:

• Professional license restrictions
• Immigration consequences
• Loss of civil rights
• Housing or employment barriers

Resolving a case without trial keeps the details more private and brings closure more quickly, allowing you to move forward with your life.

When helping you decide whether to go to trial or accept a plea offer, your defense attorney will carefully evaluate:

Your attorney will thoroughly assess all the evidence against you, including:

• Police reports and body camera footage
• Witness statements and credibility
• Physical evidence and forensic reports
• Your own statements to law enforcement
• Expert opinions and analysis

Your prior record significantly impacts both potential trial outcomes and plea negotiations. First-time offenders typically have more leverage in negotiations and may face less severe penalties if convicted at trial.

Experienced Fort Lauderdale defense attorneys understand the tendencies of individual prosecutors and judges. Some prosecutors are more willing to offer favorable plea deals than others. Similarly, some judges are known for harsh sentencing practices, while others take a more rehabilitative approach.

Florida law imposes mandatory minimum sentences for certain offenses. Your attorney will consider whether your charges carry such requirements and whether trial might expose you to these inflexible penalties.

Your own priorities matter tremendously. Some defendants prioritize:

• Minimizing jail or prison time
• Avoiding a felony record
• Maintaining professional licenses
• Preserving immigration status
• Clearing their name completely

Your attorney should tailor their advice to your specific situation and goals.

The decision of whether to go to trial is one of the most consequential choices you'll make in your criminal case. Statistics show that most cases don't go to trial, but yours might be among the exceptions depending on your circumstances.

An experienced Florida criminal defense attorney brings:

• Knowledge of local court practices and personnel
• Strategic negotiation skills
• Trial preparation expertise
• Realistic assessment of risks and potential outcomes
• Understanding of alternative resolution options

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys have extensive experience both negotiating favorable plea agreements and trying cases before juries when necessary. We carefully analyze each case to determine the most advantageous strategy for our clients.

While television dramas focus on dramatic courtroom confrontations, the reality is that most criminal cases are resolved through negotiation rather than trial. This system exists because it generally benefits both prosecutors and defendants, providing certainty and efficiency.

The decision to go to trial should never be made lightly or based on emotion alone. It requires careful strategic analysis by an experienced criminal defense attorney who understands both the local legal landscape and your personal priorities.

If you have been arrested in Broward County, call The Ansara Law Firm in Fort Lauderdale today for your free initial consultation at (954) 761-4011.