Most cases end up not charged by the District Attorney in the first place, dismissed, or negotiated with a plea rather than going to trial. There is a lot of time and expense that goes into the trial, and sometimes there is a lot of risk in going to trial, if the client is presented with an appealing offer many times they decide that going to trial is not the avenue they want to take after weighing their options. Many would rather resolve it and explore their post-conviction relief opportunities at a later time, such as applying for early termination of their probation, reduction of the offense, and a dismissal after a year has passed. If a client is convicted but they stay out of trouble and meet the terms and conditions of their probation, after a year has passed they can petition to have the matter terminated early and dismissed. Often, this is a more appealing route for the client rather than going to trial.
Do Most Criminal Cases Go To Trial Or Do They Settle?