Not Guilty Chapter 10 | Options – Trial or Plead Guilty

THE BASIC OPTIONS, on the broadest of spectrums, are either to enter a guilty plea, or to have a trial. Lots of people get mentally stuck here. They won’t plead, and they’re scared of trials. More specifically, every case is different. There are different ranges of punishment available, and the defense attorneys will attempt to negotiate with the prosecutor to try to reach an agreement regarding potential outcomes, if the case is not going to trial. Sometimes, agreements can be reached to reduce the or amend the charges. It is like changing the label on a can of soup. Something happened, they’re just going to relabel it. Assault in the First Degree could potentially be reduced to Assault in the Second Degree. Delivery of a Controlled Substance could be reduced to Possession of a Controlled Substance. Maybe, with some creative facts, the label can be changed entirely: Speeding might be amended to Defective Equipment (a non-moving violation which is better regarded by insurance companies and does not impact a driving record to the same degree). Nothing says the prosecutor must negotiate. Sometimes they will refuse. They may cite their duty to protect the community. The Defendant may also not want to negotiate. The defendant may choose to stand on his or her innocence. If there is not going to be a guilty plea or some other form of negotiated resolution, and if the prosecutor is not willing to dismiss the case (which they almost never do), then the case must go to trial.

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!