Trial Penalties: What you should know before exercising your right to a trial

You have a constitutional right to a fair trial, but you should be aware of a potential risk for exercising that right. In some courts, you face a phenomenon know as a “trial penalty.” This means that if you go to trial you may face a stricter and harsher consequence for going to trial, including the loss of probation. This is a real consequence. You should be aware of this penalty going in. We advise clients of the potential sentences facing criminal charges, but we also have a candid and informed conversation about the possibility that a client may get penalized for going to trial. A good attorney will have this conversation with a client and should have knowledge of the landscape of the court, the judge, and the prosecutor. This comes with experience of being an effective trial attorney. It may seen unfair, but it is something you should know. Consult with Attorney Franz N. Borghardt for more information about trial penalties and consequences in your case. Your right to trial should come with an informed decision.

Here’s a conversation from NACDL in this link.