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Is Going to Trial For a Misdemeanor Worth it?
Even if you are only charged with a low-level misdemeanor, you still have the right to a jury trial. Both the U.S. Constitution and Texas’s Constitution protect your right to trial by jury when you have been charged with a crime. Whether or not you should choose a jury trial in misdemeanor - or, for that matter, felony - cases is another matter entirely. A trial can be a big risk. No matter how weak the state’s case might be or how strong your evidence is, it is impossible to predict who the jury will believe. If you are risk-averse, a jury trial might not be the best option for you. That said, sometimes a jury trial is necessary in misdemeanor cases when a conviction would have a disproportionate impact on the defendant, and the defendant has a strong chance of being acquitted at trial. Your Houston, TX DWI lawyer can explain the risks and potential benefits of going to trial in your specific case.
Determining How Pleading Guilty Would Impact Your Life
Before pleading guilty to avoid a trial, one thing to consider is how a conviction might affect you. A DWI or reckless driving charge might be a bigger problem if you are a truck driver rather than a DJ. If you work in a regulated industry and hold a professional license, you must consider whether your career is in jeopardy. All professionals should consider whether the nature of the charge might have career implications.
You may also want to consider how a conviction would affect your ability to rent housing and your personal reputation and standing in your community.
Plea Bargaining to Reduce Your Charges
If you are charged with a higher-level misdemeanor like domestic violence, your attorney may be able to have your charges reduced in exchange for you pleading guilty to the reduced charges. Sometimes, the original charges are not tolerable to the defendant but the reduced charges are.
Know the Risks of a Trial
People who go to trial and are found guilty usually face harsher sentencing than people who accept a plea bargain. This is partially because trials can take up a lot of the court's resources and partially because judges may see going to trial as an attempt to evade responsibility.
It Matters if You Are Innocent
If you did not commit the crime you are accused of, wanting to fight back at trial is only natural. Being falsely accused can be extremely upsetting. While erroneous guilty verdicts can and do happen, there is also a strong chance that the state will not be able to prove you guilty. Your criminal defense lawyer can review the evidence with you to help you understand what may happen at trial.
Contact a Houston, TX Criminal Defense Lawyer
Murphy & McKinney Law Firm, P.C. will give you the guidance you need to decide whether you want to go to trial. Highly qualified Harris County, TX criminal trials attorney Doug Murphy has extensive experience in misdemeanor trials and is also a skilled negotiator if you choose to explore plea bargaining. Contact us at 713-229-8333 for a complimentary consultation.