Q: Will my case go to trial?

A: That is mostly up to you. A person accused of a crime has an absolute right to a trial by jury. However, most criminal cases are resolved by agreement between the prosecution and the defense.

In most cases, after both sides have had a chance to investigate the facts and the law and resolve any legal disputes through a pretrial hearing, they can agree to a resolution that is more favorable to the accused than the likely outcome if the case were to go to trial. This is because the State simply does not have the time or resources to try every case that it prosecutes.

In some cases, however, the prosecution and defense either cannot agree on an appropriate outcome or the accused simply wants his or her day in court. In those situations, the case will be tried to a jury or, more rarely, if both sides waive the right to a jury, then the case can be decided by a judge.