The fundamental right to trial is something that is guaranteed and enumerated in the constitutions of both the US and Indiana, respectively. Most people know this like the back of their hand — should you or a loved one be charged with a criminal offense, almost everyone knows to plead the fifth, ask for a lawyer, and never confess. However, people often think that criminal trials are very common and happen in most cases as a result. Yet, criminal trials are quite rare in fact. How rare?
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Plea agreements are by far the most common way a criminal case is resolved — in fact, statistics show that 90-95% of criminal cases are resolved this way (by agreement). Why might you ask? Usually because the facts or circumstances that brought about the charges are straightforward, evidence is overwhelming, and the defendant is easily proven to have committed the offense. Also, pleading guilty is often seen as a mitigator for the risk averse and defendants receive a benefit in accepting responsibility (i.e. a reduced sentence, pleading to a crime other than the lead count, avoiding jail, etc.). Given the gamble of trial, the possible damage of an unmitigated conviction, and the ability to avoid the full exposure of penalties by pleading, it is no wonder so many people chose to forgo trial as an option. After all, no matter how good the lawyer is, a jury is always a wild card, and placing all your faith in a single person (judge) is a scary endeavor.
Given that 90-95% of cases plead, you might guess that the remaining 5-10% are trials, but that isn’t accurate. Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases. So, if you do the math, that leaves roughly 2-5% of cases going to trial. Shocking, isn’t it? Out of 100 cases filed, only 2 to 5 of them will result in trial. That may even be high.
Nevertheless, cases obviously do go to trial, regardless of how rare. The most common trials in the criminal world are the higher-level crimes (Murder, L1-L3 charges), violent offenses, sex offenses, delayed filings, and he said/she said cases with no other evidence. This makes sense because the higher the potential penalty, the chances of a reasonable resolution short of trial diminishes. For example, it is hard for a defendant to accept a plea to murder when the minimum sentence is 45 years — or, for a defendant to plead guilty to a sex offense with a registry and other civil consequences that may last a lifetime. It also leads to reason that he said/she said cases with little supporting evidence and delayed filings would be tried more often. Why? Because evidence tends to sour or disappear over time and people tend to be skeptical of believing one person’s word over another without more supporting evidence.
Despite everything stated above, when looking for an attorney, you should look for someone who knows how to litigate and try a case. That may seem counterintuitive given the rarity of trial. Why pay for a higher priced, experienced attorney if the chances are it’ll plead? Because experienced lawyers know how to poke holes in cases, they are respected by prosecutors, and they aren’t afraid to fight all the way to trial if the result isn’t reasonable. The worst scenario you can find yourself in is to hire a cheap lawyer expecting to plead and a plea becomes untenable. You are left with someone that can’t try a case and with an outcome far harsher than you deserve. As with most things in life, stats only take you so far, and you always get what you pay for.
Should you or a loved one be facing a criminal case in Indiana, give the experienced criminal trial litigation team at Banks & Brower, a call today. We are available 24/7/365 at 3178700019 or by email at info@banksbrower.com.