That can be the case and frequently the general procedure is if a plea bargain is rejected and the case goes to trial then that plea bargain is no longer available. Depending on what happens at trial, and if a person is found guilty at the trial, the prosecution may recommend the same thing or they may take a harder stance on it and say we want a worse sentence than what we offered previously. That may depend on the case and it may depend on the prosecutor, so that is one of the things we advise the client carefully of what is likely to happen if we go to trial.
So, as a general rule, the offer is off the table if the person goes to trial, but that does not mean it is not going to be a likely result if a person does lose at trial. For first time offenses, DWI, and other cases, if a plea bargain is rejected, and if a person goes to trial and loses frequently, the result is about the same, just like pleading guilty. In those situations, there is no risk in going to trial that is why we frequently tend to fight cases, because we always get better results by fighting for our clients.
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