Going to Trial

The Decision Point

When federal authorities bring charges, one of the first—and most important—decisions you face is whether to go to trial or accept a plea agreement. This is not a decision to take lightly.

I made the wrong choice. Arrested on August 11, 1987, I went to trial, was convicted, and sentenced to 45 years. I spent 9,500 days in federal prison. Looking back, I know I would have been better served by making a different decision. My purpose now is to help you avoid the mistakes I made by preparing yourself with knowledge and strategy.

The Cost of Trial

Trials are expensive. In federal cases, the cost of defending yourself can easily exceed $200,000, and in some cases more than a million dollars. Attorneys must review:

• Every document and email – Attorneys must review years of correspondence, sometimes going back to the very start of the alleged conduct.
  
  
• Every phone call recording – Calls collected over long periods must be transcribed and checked carefully, since a single phrase can become evidence.
  
  
• Every bank record – Financial records often span many years, requiring transaction-by-transaction analysis to challenge the government’s version of events.
  
  
• Every witness statement – Each statement, past and present, must be dissected for accuracy and consistency across the entire timeline of the case.
  
  
• All surveillance reports – Investigators may rely on surveillance compiled over months or years, all of which must be scrutinized to test its reliability.

It takes teams of lawyers hundreds of hours to sift through discovery, craft motions, and prepare for trial. The financial burden alone keeps most people from pursuing this path.

Beyond money, the risks are high: fewer than 3% of federal cases go to trial. Those who do risk the trial penalty—receiving a much harsher sentence if convicted than what might have been offered in a plea.

The Weight of Evidence

Federal prosecutors build cases carefully before bringing charges. They rely on agents, forensic accounting, surveillance, and witness testimony. Even if you feel innocent, juries often side with the government.

Jurors are everyday people—teachers, nurses, firefighters—who may not understand complex financial or legal matters. When the charging instrument reads United States of America v. Your Name, don’t expect the presumption of innocence to protect you.

That’s why you must work closely with your defense attorney, carefully evaluate the evidence, and honestly assess your risk.

The Plea Option

Most federal defendants resolve their cases by plea. A plea can:

• Limit exposure to long sentences
  
  
• Reduce costs
  
  
• Allow you to begin mitigation earlier
  
  
• Show acceptance of responsibility, which judges often consider at sentencing
  
  

While no option is without cost, a plea can sometimes shorten the journey and give you a chance to start preparing for life after the case.

Self-Education Over Consultants

You don’t need to hire so-called “prison consultants.” Many of them have little experience; their insights are anecdotal and do not apply to the broader challenges of prosecution, sentencing, or BOP policies. You can empower yourself by:

• Learning through free resources at PrisonProfessors.org
  
  
• Using our AI tool to ask questions and get guidance
  
  
• Building your own mitigation strategy—documenting responsibility, remorse, growth, and plans for the future

I always say: Be the CEO of your life. Define your best possible outcome, make a plan, and pursue it with discipline.

Mitigation Strategy

No matter which choice you make—trial or plea—you need a mitigation plan. Judges and prosecutors want to see:

• What lessons you’ve learned – Show that you’ve reflected on your conduct, understand what went wrong, and can clearly explain how your thinking has changed since the offense.
  
  
• How you’ve worked to make amends – Remember that there is always a victim: even if no individual suffered loss, the government and society are harmed when crimes occur. Demonstrating steps to repair harm—through restitution, service, or other efforts—shows accountability.
  
  
• How you plan to live responsibly moving forward – Present a clear, realistic plan for living as a law-abiding, contributing citizen, supported by specific goals, routines, and strategies that reduce the risk of repeating past mistakes.

At PrisonProfessors.org, you can create a profile that documents your biography, journals, book reports, and release plan. This becomes powerful evidence of your effort to reform.

Key Takeaways

• Only about 3% of federal defendants go to trial.
  
  
• Trials are financially and emotionally costly.
  
  
• The trial penalty often leads to longer sentences after conviction.
  
  
• Plea agreements can reduce risk and open mitigation opportunities.
  
  
• Self-education and proactive preparation matter more than consultants.
  
  

Self-Directed Exercise

Log into your profile at PrisonProfessors.org and write entries on:

1. Risk Assessment: What are the financial, emotional, and sentencing risks of trial versus plea in your case?
   
   
2. Mitigation Strategy: What steps can you start today to show responsibility, growth, and a plan for the future?
   
   
3. Personal Resilience: What is your risk tolerance if trial leads to a harsher sentence?
   
   

Publishing your reflections creates a time-stamped record that can strengthen sentencing advocacy, help with program access in prison, and support later requests for early release or clemency.

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