The sixth amendment to the United States Constitution guarantees you
the right to a jury trial in a criminal case. It guarantees you the
right to confront the witnesses against you, and the right to have witnesses
testify on your behalf.
It does not guarantee you the right to a plea bargain.
Sadly, though, most criminal cases in America's courthouses end in
plea bargain agreements. Defendants give up their rights, plead guilty
and take whatever punishment the government will offer them.
If every criminal case in America were set for jury trial, the courts
would shut down. There would be too much justice for the system to handle.
I dream of a world when there are no more pleas of guilty, and everyone
receives due process and justice.
I live, though, in the real world. Prosecutors offer defendants reductions
in punishment -- sometimes substantial reductions -- for their pleas
of guilty and their cooperation. Often the best thing for one of my
clients will be to plead guilty.
If you are guilty, you may choose to plead guilty. I will advise you
of the risks and benefits of pleading guilty or pleading not guilty,
and help you make an informed decision. You don't have to plead guilty.
I will never pressure you to plead guilty. You've paid me for a jury
trial and you'll get a jury trial.
If you are not guilty, though, DON'T PLEAD GUILTY. I hope you'll hire
me, but whoever you hire, don't let them pressure you into pleading
guilty.
--
Mark.
This page is a work in progress. If you'd like to discuss Federal criminal
trials, please contact
me