Most criminal cases never go to trial because most cases end in a plea bargain. Nationally, 98% of federal criminal cases end in a plea bargain — and the rate in Minnesota is similarly high. In Minnesota in 2023, only 3% of felony convictions were obtained in a trial.
Why do so few cases go to trial? Plea deals are more efficient for prosecutors. Instead of building a case and proving your guilt at trial, they can offer a reduced charge or sentence in exchange for a fast conviction and move on. This option works well for them — but it may not always be the best option for you.
A guilty or no-contest plea always results in a permanent criminal record. A criminal record can affect your ability to:
- Find employment
- Obtain or retain professional licenses
- Secure housing
- Exercise your firearm rights.
When is it better to accept a plea deal? A plea bargain offers one genuine advantage: certainty. You know the outcome in advance, which eliminates the risk of a harsher conviction or sentence at trial. If the prosecution's evidence is strong — solid forensics, credible witnesses, or a confession — a plea may be the most pragmatic option.
Why it’s worth going to trial: Trials may be the right choice when the prosecution's evidence is weak, when constitutional violations occurred during your arrest or investigation, or when the plea offer simply isn't reasonable given the circumstances. Cases can also be resolved before trial entirely — through motions to suppress evidence or prosecutorial decisions to drop charges due to insufficient evidence or procedural problems.
Most defense attorneys will steer cases toward a plea. It's faster, lower-risk for them, and the path of least resistance. But whether something constitutes an “offer” from the state requires careful examination. The defendant must consider two questions:
“What’s on the table (the offer)?”
and
“What’s the worst that could reasonably happen if we lose at trial?’
If the answer to those two questions is the same (or nearly so), then no offer has been made. The prosecutor is merely “offering” for the defense to relieve them of their burden of proving the defendant’s guilt.
But if your goal is a clean record — and that's the only outcome that truly protects your future — you need an attorney who is willing to go to trial and fight for every detail of your case.