The dynamics of “fighting” a white-collar charge

Today’s New York Law Journal has this piece, entitled “To Fight or Not to Fight?”, that discusses the dynamics of plea choices for defendants facing white-collar charges.   Here are a few snippets:

Trial by jury.  It is the right of every American accused of a crime but one that is rarely exercised in white-collar cases.  Last year, over 87 percent of defendants charged with federal fraud offenses plead guilty.   Maybe the ultimate outcome for defendants facing criminal charges would be better if that changed….

Defense counsel must make as realistic an assessment as possible of the downside risk of conviction.  The trial judge’s sentencing practices must be researched, and a detailed guidelines analysis must be performed….

Like most good lawyering, advising a client whether his or her best interests are served by going to trial or pleading guilty is an art and not a science.