Being charged with a criminal offense can be disorienting and stressful since it puts your freedom and future on the line. Even what seems like a minor charge can carry long-term consequences that will make it hard for you to find employment and housing. When you choose to fight a criminal charge instead of just pleading guilty, you gain leverage that can give you options and the possibility of a better outcome.
Here’s why you should always fight, no matter what you’re being charged with.
1. You’ll force the prosecution to prove its case
Once you plead guilty, an attorney can’t help you. You’ll be prosecuted and handed whatever sentence the judge wants to give you, even if your Constitutional rights were violated. The moment you hire an attorney is the moment you force the prosecution to prove their case, including that your arrest was legally executed. This allows your attorney to file motions to suppress evidence and question the legality of your entire case.
An experienced attorney will build a strategy that can potentially get you reduced charges, lower fines, or a reduced sentence. Even minor reductions can help you maintain your right to vote, ability to own a firearm, and pass background checks.
Prosecutors handle hundreds of cases and usually rely on plea deals to keep them moving. If they offer you a deal, your defense attorney can negotiate reduced charges and alternative programs like diversion. For example, the prosecutor might offer to drop an initial felony charge if you plead guilty to a lesser misdemeanor.
2. The system is not flawless
Most people assume that if they’ve been charged, there’s strong evidence backing that charge. However, that’s not always true. Police officers and prosecutors routinely make mistakes that lead to wrongful or unsubstantiated charges. For instance, the Innocence Project has helped exonerate more than 375 people in the U.S. based on DNA evidence alone. And studies have shown that eyewitness misidentification is a leading cause of wrongful convictions. Human memory is unreliable, especially under stress.
You also have to account for procedural errors when police mishandle evidence, violate search protocols, or fail to follow proper procedure. Any of these mistakes can weaken or invalidate a case entirely. If you don’t challenge your charges, these errors won’t ever be questioned. Fighting your case forces the system to provide evidence that everything was done properly.
3. A conviction can hurt you for life
If you accept a charge and plead guilty, you’re asking for a lifetime of frustration and difficulty. With certain convictions, it’s hard to find a job or get approved for housing. Even though employers generally can’t implement a blanket ban on individuals with criminal records, formerly incarcerated people face unemployment rates more than 27% higher than the general population.
Depending on your profession, you might lose your professional license or be unable to obtain a license in a new field. For example, in many states, you can’t drive a commercial vehicle with a DUI on your record.
4. You might have a good chance at a defense
Many people assume their situation is hopeless, but that may not be the case. You should let your lawyer make that determination. For instance, if evidence was obtained illegally, it might be excluded, and some crimes require proof of intent to secure a conviction. Fighting your charge allows your lawyer to assess all possible defenses and apply what’s appropriate. They know better than you.
5. Plea deals aren’t automatically in your best interests
Most criminal convictions come from plea deals, but that doesn’t mean you’ll automatically be offered a good deal. The prosecution is going to offer you a deal to avoid trial, but that deal might be bad – especially if you don’t have a lawyer. Once you accept a plea offer, you lose the right to go to trial or appeal your outcome. Your lawyer will negotiate with the prosecution until you’re offered a fair deal.
6. Fighting back can get charges dismissed
Although it’s never guaranteed, plenty of people fight their charges and get their cases dismissed. Charges get dropped for a variety of reasons, including lack of evidence, procedural errors, witness problems, and constitutional rights violations.
Fight to take control of your future
Pleading guilty to a criminal charge without a fight is easy, but it can hurt you. When you challenge the charges against you, you gain leverage and have a chance at a better outcome. Whether your charges are dropped or dismissed, or you take a plea deal, fighting back gives you more control over your future than doing nothing.
