Legal Question in Criminal Law in Florida

In criminal cases can the state force you to go to trial


Asked on 12/12/13, 6:50 pm

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

there is no force. A defendant can always enter a plea. In many cases it is the defense that pushes for trial, but if they are avoiding it the State can push the case to trial after enough time has passed.

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Answered on 12/12/13, 6:54 pm

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".

Good Luck.

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Answered on 12/12/13, 7:09 pm


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