Should I Take a Plea Deal or Go to Trial?
Should I Take a Plea Deal or Go to Trial in California?
If you’re facing criminal charges in Los Angeles, one of the first big questions you’ll likely hear is: “Are you going to take a deal or go to trial?” That decision can feel overwhelming — especially if this is your first time in the system and you have no idea what to expect.
At The Law Offices of Arash Hashemi, we help people make that decision every day. With over 20 years of experience handling cases in LA County courts, our Los Angeles criminal attorney knows how prosecutors operate, what judges will or won’t accept, and how to negotiate outcomes that protect your freedom and your future.
Not every case should go to trial — but not every plea deal is worth taking, either. We take the time to review the facts, evaluate the risks, and help you make the right move based on your situation — not pressure or fear.
What Is a Plea Deal in a Criminal Case?
A plea deal (or plea bargain) is an agreement where you plead guilty or no contest — usually in exchange for something that benefits you: a reduced charge, a lighter sentence, or the dismissal of other charges.
Most criminal cases in California — even serious felonies — are resolved this way, not through a jury trial. But that doesn’t mean a deal is always the right choice.
Depending on your charges, criminal history, and the strength of the evidence, the DA may offer:
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A reduction from a felony to a misdemeanor
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No jail time in exchange for probation, classes, or restitution
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A dismissal of other charges in exchange for a plea to one count
These offers usually come after your arraignment and before trial — but in some cases, we can push for early resolutions before the case builds momentum.
When you work with our firm, Attorney Hashemi personally evaluates the offer and walks you through the pros and cons. Sometimes we advise clients to accept a deal and move on with their life. Other times, we fight the case all the way.
What Are the Pros and Cons of Taking a Plea Deal?
If the prosecution offers a plea deal, you’re being asked to trade something now (a guilty or no-contest plea) for something later (avoiding the risks of trial). That can be a smart move — or it can be a trap, depending on the deal and the facts of your case.
Here’s how we break it down with our clients:
Potential Benefits of a Plea Deal:
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You avoid the risk of trial. If there’s a chance you could be convicted and face harsher penalties, a deal can give you more control over the outcome.
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It might keep you out of jail. Many plea deals involve probation, classes, or restitution instead of time behind bars.
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You could get a reduced charge. For example, a felony might be dropped to a misdemeanor, or a misdemeanor to an infraction.
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It ends the case faster. Trials can drag on for months. A plea brings closure quickly and lets you move forward.
Potential Downsides of a Plea Deal:
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You have to plead guilty (or no contest). That means giving up your right to fight the charges in court.
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It creates a criminal record. Even if there’s no jail time, the conviction can follow you — on background checks, professional licenses, and more.
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You may lose appeal rights. In most cases, once you take a deal, you waive your right to challenge it later.
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It can affect immigration or licensing. Non-citizens may face deportation, and licensed professionals (like nurses or contractors) may face disciplinary action.
This is why we don’t just look at “the deal” — we look at the whole picture: your goals, your risks, your future. Attorney Hashemi will walk you through every consequence and make sure the decision is yours — fully informed and based on what’s best for you.
What Happens If I Go to Trial?
Choosing to take your case to trial is a major decision — and it comes with both opportunity and risk.
At trial, you keep every constitutional protection you’re entitled to. You are presumed innocent. The prosecution must prove every element of the crime beyond a reasonable doubt. You don’t have to testify. And if the jury doesn’t believe the evidence, you walk out completely cleared.
For some clients, trial is the right call — especially when the evidence is weak, there’s a credible defense, or the offer on the table just isn’t worth it.
But here’s what else you should consider:
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If you lose at trial, the judge can impose a harsher sentence than what was offered in the plea deal. That’s the risk you take.
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Trials are public. The case may draw more attention or impact your reputation.
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It’s a longer process — trials in Los Angeles can take months to prepare, and days (or weeks) to complete, depending on the case.
What Does a Trial Actually Look Like?
If you’ve never been through one, here’s a basic overview of the criminal trial process in California:
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Jury selection – Both sides help select 12 jurors (plus alternates) to hear your case.
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Opening statements – The prosecutor and your defense attorney lay out what they expect the evidence to show.
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Witness testimony and cross-examination – Each side presents evidence and questions witnesses. This is where the case is truly won or lost.
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Closing arguments – Final chance for each side to speak directly to the jury.
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Jury deliberation and verdict – The jury must agree unanimously to convict or acquit.
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Sentencing (if convicted) – If the jury finds you guilty, the judge decides the sentence later — sometimes the same day, sometimes weeks later.
Not every case should go to trial. But when we believe it’s in your best interest — or when the deal simply isn’t good enough — we don’t hesitate to fight. Attorney Hashemi has over two decades of trial experience and will walk into court with a clear, aggressive strategy focused on protecting your future.
How Do I Know Which Option Is Best for Me?
Deciding whether to accept a plea deal or go to trial isn’t something you should do based on pressure or fear — it should be based on the facts of your case, the risks involved, and what matters most to you.
When you work with our firm, one of the most important things we do is help you make that call with your eyes wide open.
Attorney Hashemi evaluates every plea offer through the lens of experience, strategy, and what’s actually at stake for you — not what’s convenient for the system.
Factors We Consider:
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How strong is the evidence against you?
Are there surveillance videos, witnesses, or confessions? Or is the case based on shaky statements or weak circumstantial facts? -
Can key evidence be challenged or suppressed?
If the police violated your rights — during a stop, search, or arrest — we may be able to keep certain evidence out, changing the entire playing field. -
Are the witnesses credible?
Inconsistencies, bias, or credibility issues can raise serious doubt at trial. -
What are the risks if we lose at trial?
We weigh what sentence the judge could impose versus what the DA is offering. Sometimes, the trial risk is worth it. Sometimes, it’s not. -
Do you qualify for diversion or alternatives?
If you’re eligible for a program that keeps your record clean, that might change everything — especially for first-time offenders. -
Who’s handling the case?
Judges and prosecutors aren’t all the same. We know how certain players operate in different LA courtrooms — and we use that to your advantage.
No Two Cases Are the Same
Even if your charges sound like someone else’s, the right path forward is personal. We don’t push clients toward trial to “make a point,” and we don’t rush them into plea deals just to close cases. We sit down, break it all down, and help you make a smart, informed decision based on your life — not anyone else’s.
Should I Take a Plea Deal If I’m Innocent?
It’s one of the hardest questions a person can face:
“If I didn’t do it… should I still take the deal?”
In a perfect world, every innocent person would have their day in court — and walk free. But in the real world, the criminal justice system is far from perfect. Trials are unpredictable. Prosecutors don’t always play fair. And even innocent people can be convicted if the odds are stacked against them.
Why Some Innocent People Take Plea Deals
For many, the risk of going to trial — and possibly being found guilty — is just too high. This is especially true when the stakes involve:
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A felony record
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Mandatory prison time
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Strike offenses under California’s Three Strikes Law
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Immigration consequences like deportation or denial of citizenship
In some cases, prosecutors offer a reduced charge, no jail time, or even a diversion program — but only if you plead guilty. It’s not fair, but it’s common.
This Is a Strategic Decision — Not a Moral Failure
Choosing a plea deal doesn’t mean you’re admitting you did something wrong. It means you’re choosing the outcome with the lowest risk based on the facts, the law, and the reality of the courtroom.
At our firm we don’t pressure clients to plead guilty — and we don’t encourage unnecessary trials. We explain your options, the risks, and what the prosecution has (and doesn’t have), so you can make the call with confidence.
If you’re innocent, we’ll fight for that truth. But if the evidence is shaky, the risk is high, and a plea deal offers a safer path forward, we’ll make sure you understand exactly what you’re trading — and why.
Sometimes fighting is the right move. Sometimes protecting your future means making a hard choice. We’ll help you figure out which is which.
Talk to a Los Angeles Criminal Defense Attorney Before You Decide
If you’re facing criminal charges in Los Angeles, deciding whether to take a plea deal or go to trial isn’t something you should do alone — or under pressure. The outcome could affect your freedom, your record, and your future for years to come.
At The Law Offices of Arash Hashemi, we’ve spent over 20 years guiding clients through this exact decision. Attorney Hashemi knows how prosecutors think, how local judges sentence, and when it’s smarter to fight — or negotiate. When you meet with us, our criminal defense attorney will sit down with you personally, review your charges, analyze the strengths and weaknesses of the case, and walk you through every option — clearly and without pressure.
Before you make any decisions, make sure you have real answers and experienced legal guidance on your side. Contact our office today to schedule your free, confidential consultation and take the first step toward protecting your future.
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