Will I Have to Go to Trial?
By far, most criminal cases are resolved by plea bargain. As the accused in a criminal case, you would have the ultimate say as to whether you want a trial, but I will be very honest with you about your chances of success. Of course, if I believe there is a viable, triable issue, I will tell you so and discuss our chances for success at a trial. In the end, it will be your decision, but I trust you will hear me out.
If we go to trial, will I have to testify?
NO. You have a right to remain silent under the 5th Amendment to the U.S. Constitution. That means that you need not testify in your own defense. It also means that if you choose not to testify, the State cannot at all mention that you remained silent. It is typically believed a bad idea for the accused to testify. Of course, I would advise you on the best course of actions, under the circumstances. In the end, it will be your decision, but I trust you will hear me out.
If we go to trial, will we have to prove I’m innocent?
NO. It is up to the State to prove each and every element of the crime charged, and it must do so for each “beyond a reasonable doubt.” You can think of the elements of a crime as you might the vital parts of a vehicle one might use to drive to work on a given morning. If there is no engine, you can’t get to work that morning in that car. If there is no starter, you can’t get to work that morning in that car. If there are no wheels on the axles, you can’t get to work that morning in that car. You would need all of these, in order to get to work in that car that morning. If any one of them is missing at the time you wish to go to work, then the car won’t drive you to work that morning. It’s the same with a crime; if any element (vital part) of the charged offense is missing at the moment in question, then the State cannot prove the case.