We have represented many individuals charged with crimes. Sometimes we can get the charges dismissed.  However, if we cannot, the next question is how should they proceed.  Should they plead guilty or proceed to trial?  How about if they are in fact guilty of the crime they are charged with.  Does that mean they have to plead guilty?  The answer is no!

First and foremost, you should know that you are always presumed innocent of any criminal matters you are charged with, and you always have the right to a trial – whether you committed the offense alleged or not.  That is your Constitutional Right. The government always has the burden of proving you guilty of the offense, and that burden never shifts to you. You never have to prove your innocence!

Therefore, if you determine you would like to go to trial, you can do so, whether you are guilty of the offense or not.

The decision of whether to go to trial or not is always your decision and never your attorney’s.  However, your attorney should guide you in this decision after she has had an opportunity to speak with you about the background facts of the case and she has reviewed the discovery (the evidence) that the government has provided to her.  Only after assessing the discovery and looking at the elements of the offense that the government needs to prove, can an attorney advise you of which course you should take.

And remember this – an attorney’s advice of whether to go to trial or not is just that – advice.  You are the one who ultimately makes that decision.  A criminal defendant has two decisions that are totally up to them to make (with the advice and council of their attorney).  Those rights are whether to go to trial and the decision of whether to testify at trial.

If you or a loved on are threatened or charged with a federal crime, call the offices of LGR Law Group.  We are experienced federal criminal defense attorneys who will fight for your rights and protect your freedom.

Lorraine Gauli-Rufo and LGR Law Group focus on defending federal charges brought in New Jersey or in Manhattan, New York, and White Plains. If you or a loved one is facing federal criminal charges or is under investigation by federal agents or have been contacted by a federal agent or an Assistant United States Attorney, we can help you. Ms. Gauli-Rufo and her team have successfully defended people charged with crimes throughout New York and New Jersey. They have obtained acquittals of many charges and have been able to obtain reduced charges and below Guideline sentences (including probationary sentences) in thousands of cases over the last 30 years. Our representative cases include healthcare fraud, bank fraud, wire fraud, mail fraud, internet and computer fraud, securities fraud, Hobbs Act Robbery, Firearm and gun charges, drug offenses, RICO charges, gang crimes, and more. We also handle appeals and habeas matters. We have appeared and argued in both the Third Circuit Court of Appeals and the Second Circuit. We offer a free 15-minute consultation and defense strategy session for all potential clients. Call today to schedule an appointment with our experienced and trusted criminal defense lawyers. Call (973) 239-4300 or contact us from our website www.lgrlawgroup.com or email us at [email protected].