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If you are charged with a crime in Massachusetts district court, you typically must resolve your case through a plea or a trial.  (There are, of course, ways to get your case dismissed without trial.  See my post 5 Common Reasons for Dismissing Criminal Charges in Massachusetts.  However, dismissal is often not an option for a defendant.)

If you are thinking about taking your case to trial, you should consider the following.

The first and most obvious consideration is the overall merits of your defense.  You have to be honest and objective about the facts, the witnesses, and the evidence against you.  Don’t get offended or emotional if your attorney plays “devil’s advocate” and asks you to consider the strong points of the case against you.  You must be realist.

Second, it’s almost always a good idea to at least attempt a plea. You aren’t required to accept the judge’s plea recommendation.  So you should at least hear what alternatives are being offered to you.  (Keep in mind that a judge who hears your plea typically cannot hear your case if you opt for a bench trial.  This could be a benefit or a detriment to you, depending on the judge.)

Third, you should consider the impact that a “guilty” finding will have on your record and your life.  Often when defendants are charged in district court there are multiple counts on the complaint.  If you take your case to trial, you have to win on all counts in order to avoid having the dreaded “guilty” stamped on your permanent criminal record.

Lastly, you should realize that you are raising the stakes considerable by going to trial.  If you lose at trial, any leniency that you would have received through a plea is usually gone and you will most likely get a much harsher penalty.

With all that said, if the evidence against you is weak and if you feel that you’ve been wrongfully accused of a crime, then you have every right—legally and morally—to challenge the state at trial.