May 20, 2026

Not Guilty Chapter 17 | Right to Trial

BRAXTON, THE BOYFRIEND, made a different decision about how to handle his case. Charged with the class C Felony of Delivery of a Controlled Substance, he was facing between five and fifteen years in prison. The prosecutor made a plea offer to reduce the charge from Delivery of a Controlled Substance to simply Possession of a Controlled Substance, from a Class C felony to a Class D felony, with a five-year sentence, suspended execution of sentence (“SES”), five years’ probation, and a felony record. It seemed that Braxton had had a couple previous, minor possession-related charges, and the prosecutor felt that it was time to make him face some serious consequences. Braxton refused to accept the offer. He chose to exercise his right to trial.
Bench trials vs. jury trials. A trial is the process where the facts and defenses are presented, either to the judge or jury, and a decision about whether the defendant is guilty or innocent is made.

Bench Trial – A bench trial is a trial where the Judge hears the evidence and makes the decision about guilt or innocence. There is no jury.

Jury Trial – A jury trial is a trial with a jury of twelve members of the community who will hear the evidence and determine guilt or innocence.

Defenses. There are a number of potential defenses skilled attorneys will use in criminal cases. What is listed here are examples that may or may not apply to various different situations, and this list is not exhaustive. There are other potential defenses not listed here. If you find yourself in this position, it is very important to find a talented attorney to review your situation and assist in your defense.
  1. Suppression. If the argument is that law enforcement violated a person’s rights under the Fourth Amendment prohibition against searches and seizures without probable cause (a bad search), punishing the officer for his actions will not save the person accused of committing a crime. But allowing the officer to engage in such behavior is also not appropriate. The response to a bad or illegal search is to suppress, or withhold, the evidence. If at a hearing, the court determines that law enforcement’s search was a violation of the person’s rights, the evidence will be suppressed as fruit of the poisonous tree. That evidence can no longer be used in the case against the defendant. That may be all of the evidence in a case, which could lead to the whole case being dismissed, or it may only be part of the evidence that makes up a case, and that portion of the evidence could no longer be used. Suppression is not applicable in all cases and should be discussed with an attorney.

  2. Miranda. The reading of rights. The fifth amendment guarantees the defendant the right against self-incrimination. No one has to tell on themselves. It is widely believed, based on TV, that a reading of rights is required. A reading of rights is required in order for law enforcement to ask questions, and the defendant may then tell the officers that he chooses to remain silent and wants an attorney. Then the questions must stop. If the defendant does not invoke his right to silence or ask for an attorney, the questions may or may not stop. There is nothing that says that law enforcement has to be honest in their questioning. If law enforcement fails to read a defendant their rights, that would only be a problem in the case if the defendant was then questioned and went on to make statements. If there were no questions, whether or not the defendant was advised of his rights is irrelevant.

  3. There are many other potential defenses, that may or may not apply depending on the facts of the case. Self-defense, alibi, and someone else did it are examples. If you are needing to defend yourself in a criminal case, it is very important that you get an attorney to help you with this process.
*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!