If you had a choice to take a plea for four years and you faced twelve what would you do?

Question

You can go to trial and your chances of winning was 50/50 you can take the plea for four years or you can gamble it and loose and face twelve what would you do? the case has no evedence only th e officer to indentyfy you

Answer 1

If I didn't do it, I would not take the plea, I might spend the next 12 years trying to convince everyone that I am not guilty, but it would be my choice.

Answer 2

Hi Tonya. I can only endorse the other answer. It can only be you who can decide whether to take the risk or not. I always advise my clients that, although there is credit given by the judge for pleading guilty, you may regret pleading guilty to something which you have not done. Both the US and UK systems are based on the need for charges to be proved beyond reasonable doubt. And the prosecution bear that burden. You do not have to prove your innocence. The prosecution have to convince 12 jurors.

However, if there is a risk of being convicted and you did it, it may be safer to plead.

I hope that helps.

Answer 3

Hello Tonya. This is truly a decision that only YOU could or should make. For what it is worth, you know if you are innocent or guilty. If you are innocent, then I wouldnt see this as a 50/50 gamble of being found guilty.

Remember, in our court system, you need to have "beyond a reasonable doubt" to be found guilty by a jury of your peers.

If you are guilty, then you are gambling with an additional 8 years of your life behind bars by not accepting the plea bargain and taking a chance on the court system.

My best and only advice is to sit down with your attorney. You have total client/lawyer priviledge here. Anything you say to him/her is held in confidence and cannot be divulged. Be honest and truthful with him/her and get some professional advice on which direction you should go.

In the end, it is only YOU that can say what you should do though.

Best of luck and I hope this is useful to you

Answer 4

I would think that it would have to be a personal choice for any one that would find them self in such a position as that.  After all how could any of us on here speak for any one else when it comes to some thing such as this.

Speaking for my self:  If you are asking what I personally would do, then here is my answer.

If it were me and I knew I am innocent of the crime, I would want to take it to trail.  I only say that since I wouldn't take a plea knowing that I was innocent of the crime.  I would feel that if I took a plea that would be like saying that I was guilty.  And If I'm not guilty then I wouldn't take a plea, I wouldn't say that I did some thing when I didn't do it since that would make me a liar and I won't be a liar for any one.  

Plus also when a person takes a plea, they have to confess to the crime that they are taking the plea for.  To admit their guilt to the crime.  I would never admit to some thing that I didn't do ever.  As I said I wouldn't want to be made to have to lie, not even if it meant getting less time.

I hope this helps answer your question.  I wish you all the best in life.  God bless.

Answer 5

Tough choice to make.

Try talking to your attorney about options offered.

1. You state you are innocent, no evidence?

2. Officer to identify you? This concrete evidence of placing you at?

3. You can take a plea for 4 or ask the leniency of the court and not have a jury trial just a judges decision into the matter?

4. 4 years and any probation on the 12.

5. 12 years and credit for good time and time served. In Alabama you get 3 days for everyday served. Thus you could get 12 years and do so it would seem to me that you did not get a plea bargain deal with a sentence of 12 years and be out in 4 anyway?

Again this is your life. If you did not do the crime, then why plea to it, I sure wouldn't. There are appeals after sentencing and error of trial court etc, again consult a good criminal defense lawyer.