Do cases always go to trial if they are not dismissed?

Most cases are resolved without the necessity of a trial and are resolved by plea agreement. There are times when a defendant will not dispute their guilt, but rather the punishment to be imposed after a finding of guilt. Because both the state and the defense usually have a good idea of what punishment would likely result if the case were presented to a jury or the court, the question can usually be fairly resolved by plea agreement. A plea agreement is simply an agreement in which both the state and the defense agree on a suitable resolution. If the judge agrees at the plea hearing and sentencing, the case is settled in the most efficient manner. Should the judge believe the sentence is inappropriate, however, he/she may assess a lesser punishment than the plea agreement suggested, or he/she may reject the plea agreement and proceed as if an agreement had never been reached. This could mean the defendant could withdraw his/her guilty plea. This often means the case must be tried. Your input is critical, but this office has to make the final decision on whether a plea agreement is appropriate in a specific case. We will consider the severity of the crime, the wishes of the victim, the likelihood of success at trial, and the probable punishment which would be assessed without a plea agreement.

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1. What is a subpoena?
2. How does a complaint become a criminal case?
3. What is an omnibus hearing?
4. What if the judge decides there is not sufficient evidence at the omnibus hearing?
5. Do cases always go to trial if they are not dismissed?
6. What happens in a trial?
7. How and when is sentencing determined?
8. What if I change my mind about prosecuting or testifying?
9. What if the defense attorney contacts me about the case?
10. What if someone threatens me to drop the charges?
11. Should I be concerned if months pass without hearing from the court or the County Attorney’s Office?
12. Coming to Court – Can I be compensated?
13. Can I be compensated for losses I have suffered as a victim?