It's natural to feel uncertain and dread if you're facing federal criminal charges. Even if you genuinely believe you have enough exculpatory evidence in your favor for a jury to acquit you, the fact that there are no guarantees can create a sense of unease about your case going to trial.
As it turns out, that feeling of unease is justified. The stark reality is that acquittals in federal criminal cases are exceedingly rare, which should underscore your situation's seriousness. Most federal criminal cases end with the defendant pleading guilty, usually as part of a plea agreement.
All federal criminal defendants would like to know the odds of an acquittal. Unfortunately, there are no guarantees when you're involved in a criminal case.
However, there is some information you can use to make decisions about your future. For example, most federal defendants make plea deals rather than go to trial.
Statistically, the vast majority of federal defendants never go to trial. Most plead guilty, likely with a negotiated sentencing agreement or recommendation. Some can get their cases dismissed.
Those who go to trial fare better with a judge than a jury, but most defendants who go to trial are ultimately convicted. Defendants who chose a bench trial (decided by a judge, not a jury) are more likely to be acquitted.
Notably, regardless of the statistics, they don't necessarily indicate what will happen in your case. Every federal criminal case depends on a unique set of facts and circumstances. This means that you can't determine what is likely to happen in your case based on other people's experiences. Let's examine the numbers below.
A Look at the Numbers
According to an analysis by the Pew Research Center, in the fiscal year 2022, fewer than 1% of federal criminal cases ended in acquittal. Specifically, only 290 out of 71,954 defendants went to trial and were acquitted, which translates to about 0.4%.
While this statistic may seem dismal, it doesn't tell the whole story. As noted above, the truth is that most federal criminal cases never even reach the trial stage.
Data from the same Pew Research Center analysis shows that in fiscal year 2022, only 2.3% of federal criminal defendants went to trial. This means most cases are resolved before they reach the trial stage, often through plea agreements or dismissals. Approximately 97.7% of cases were resolved before reaching a jury-typically via plea agreement.
As noted, the overwhelming majority of defendants in federal criminal cases did not go to trial at all. Almost 90% pleaded guilty, while another 8% had their case dismissed at some point in the judicial process. These statistics include all defendants charged in United States District Courts with felonies and serious misdemeanors.
Why So Few Acquittals?
The low rate of acquittals in federal criminal cases can be attributed to various factors. Still, one of the most poignant reasons is that federal prosecutors don't want to waste time or taxpayer money on trials unless they are highly likely to win.
This is why federal investigators often scour for evidence for years to build a strong case before presenting the evidence to a grand jury for indictment.
What this means for defendants is that by the time federal prosecutors file criminal charges, they have already built a solid case that is likely to convince a jury of the defendant's guilt beyond a reasonable doubt. Federal prosecutors usually don't indict if they aren't confident they can get this outcome.
How Are Most Federal Cases Resolved?
Given the low likelihood of acquittal, it's understandable that both prosecutors and defense attorneys are motivated to resolve federal criminal cases before they go to trial. The two most common ways to resolve a federal case are plea agreements and dismissals.
Plea Agreements
The data from the Pew research reveals that 89.5% of federal criminal defendants plead guilty, usually as part of a plea bargain. Plea agreements often provide a way for defendants to avoid the risk of a harsher sentence that could result from a trial conviction.
In these negotiations, the defense and prosecution agree on a reduced charge or a recommendation for a lighter sentence in exchange for the defendant's guilty plea. Prosecutors are motivated to offer plea deals because they save the time and expense of a trial that will likely result in a conviction anyway.
For the defense, plea agreements typically offer a way to negotiate leniency in sentencing, especially if the evidence against the defendant is compelling.
Case Dismissals
More than 8% of federal criminal cases are dismissed at some point during the judicial process. Dismissals can occur for various reasons, such as insufficient evidence or violations of the defendant's rights.
Many, if not most, cases get dismissed because an experienced defense attorney uses pre-trial motions and negotiation skillfully. In some cases, the prosecution may also move for case dismissal if it believes it is not in the interest of justice to pursue the case further.
What is the Importance of Pre-Trial Strategies?
Given the low likelihood of acquittal at trial, your best chance of obtaining a favorable or lenient resolution of the case is to take control and hire an experienced federal criminal defense attorney. Their expertise, particularly in pre-trial strategies, can significantly influence the outcome of your case.
Negotiating Plea Agreements
'A seasoned defense attorney understands the intricacies of plea negotiations. They can negotiate with federal prosecutors to secure your best possible deal, including advocating for reduced charges, lesser penalties, or alternative sentencing options.
Effective negotiation can significantly alter the trajectory of your case, often leading to more favorable outcomes than if you proceeded to trial.
Filing Pre-Trial Motions
Pre-trial motions are critical tools in a defense attorney's arsenal. These motions can challenge the prosecution's evidence, argue for the dismissal of charges, or request that specific key evidence be excluded from the trial. For example:
- Motion to Suppress Evidence: This motion argues that specific evidence should be excluded because it was obtained in violation of the defendant's constitutional rights.
- Motion to Dismiss: This motion can be filed if there are legal deficiencies in the charges, such as lack of evidence or improper procedure.
For additional information, contact our federal criminal defense law firm at Eisner Gorin LLP, which has offices in Los Angeles, California.
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