Will My Punishment Be Worse If I Am Found Guilty At Trial Than Had I Taken A Plea?

A: Probably. The judge is not allowed to punish you for exercising your right to trial, but trial can carry a few risks. First, if the prosecution offers to dismiss or reduce charges as part of a plea, and you are convicted of those charges at trial, the judge will sentence you based on the charges you are actually convicted of, and that will make the sentence worse. Second, a CWOF or other disposition short of a conviction may be available as part of a plea, but will not be if you are found guilty at trial. It is often worth discussing a pela and getting the prosecution to make an offer in writing so that if you are only convicted of the charges they would have insisted you plead guilty to, they cannot ask for a worse sentence at trial.