Choosing Between Courtroom Trials and Plea Deals
Let’s talk about trial versus plea. Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now. And I want to talk about when cases go to trial versus what cases get pleaded out.
The Reality of Criminal Case Outcomes
A great question came in recently: “How many criminal cases go to trial?” The short answer? Very few.
In my nearly eight years of experience, about 99% of cases don’t go to trial. Most resolve through a plea agreement, roughly 85% to 90%. Another small percentage, maybe 5% to 10%, are dismissed. Only a small handful ever make it to a courtroom for trial.
Why Plea Deals are Common
Why? A few reasons. Often, the prosecution has a solid case, and clients understandably prefer the certainty of a plea deal over the risk of a trial. For example, if you’re offered two years of probation instead of facing a possible 10-year prison sentence, most clients take the deal, especially if the offense can later be expunged and wiped from their record.
Even dismissals aren’t always the cleanest solution. A dismissal might still show up on OSCN (Oklahoma’s public court record system), while a completed deferred sentence and expungement might not show up at all. It’s about long-term outcomes, not just courtroom wins.
The Nature of Trials versus Pleas
Trials are dramatic, but real life isn’t like the movies. Most cases are resolved through thoughtful negotiation, not dramatic courtroom showdowns. That said, I’ve gone to trial when needed, and I’ll do it again if it’s in the client’s best interest.
If you’re unsure whether your case should go to trial or if you’re considering a plea, give me a call. I’m here to help you make the best decision for your future.
Start with a Low-Cost Initial Strategy Session
My name is Carl Birkhead, I’m a Tulsa felony attorney with Wirth Law Office, and I wanna help you make law easy. If you’re facing a legal decision and need guidance, call me today at 918-879-1681 to schedule a low-cost initial strategy session. Let’s work together to find the best resolution for your case.
