Can the State Force You to Trial?

By Jonathan Blecher on December 19, 2013

The decision to go to trial is always the defendant’s since it is the State that has the burden of proof in every criminal case. However, if the State doesn’t make you an offer you are satisfied with, you don’t have to go to trial. You can always request that the judge make you an offer to resolve your case. Some judges won’t get involved in plea negotiations, thus putting you in the position of accepting the State’s offer or going to trial. If the State knows that the particular judge in your case will not undercut their offer, then, in essence, they may be “forcing you to trial”.

You should also evaluate your case in consultation with an experienced criminal defense lawyer.

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