How often do charges go to trial?

Asked by: Logan Nolan  |  Last update: January 29, 2026
Score: 4.1/5 (3 votes)

Charges go to trial very infrequently, with only about 2% to 5% of federal and state criminal cases actually reaching trial, as the vast majority are resolved through plea bargains or dismissals to avoid the costs, risks, and unpredictability of a jury trial, though this varies by jurisdiction and case type. Defendants often accept plea deals for reduced charges or sentences, while prosecutors use strong evidence to encourage guilty pleas, making trials a rare outcome.

How often do cases go to trial?

By some estimates, only 2% to 3% of criminal cases go to trial. It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence.

Why do so few criminal cases go to trial?

  • Criminal and civil cases take a long time to reach trial for multiple, often interacting reasons: docket pressure, procedural complexity, constitutional protections, strategic behavior by parties, and resource limits.
  • System-level causes
  • Legal and procedural causes
  • Strategic behavior
  • Complexity and specialty issues

How likely is it that a case will go to trial?

Likelihood of Your Criminal Case Going to Trial

According to the Pew Research Center, only 2% of defendants for federal crimes go to trial. This study includes misdemeanors and felonies, finding that most defendants took a plea bargain to simplify the process and prevent the unknowns involved with a jury trial.

What percentage of cases settle before trial?

The vast majority of civil cases, generally 95% to 97%, are settled or resolved before trial, with only a small fraction (around 3-5%) reaching a courtroom verdict, highlighting that trials are relatively rare events in the U.S. legal system, especially for personal injury claims where rates can exceed 97%. This high settlement rate stems from the costs, time, and unpredictability associated with trials, making settlements a preferred method for resolving disputes for both plaintiffs and defendants. 

HOW LONG DO TRIALS TYPICALLY TAKE?

26 related questions found

How much of a 30K settlement will I get?

From a $30,000 settlement, you'll likely receive significantly less, with amounts depending on attorney fees (often 33-40%), outstanding medical bills (paid from the settlement), case expenses, and potentially taxes, with a realistic take-home amount often falling into the thousands or tens of thousands after these deductions are covered, requiring a breakdown by your attorney. 

Is it better to settle or go to trial?

Neither settling nor going to trial is inherently better; the best choice depends on your case's strength, risk tolerance, financial needs, and goals, with settlements offering certainty, speed, and lower stress but potentially less money, while trials offer the chance for higher rewards but carry significant risk, cost, and time investment. Settling provides faster, guaranteed funds and privacy, ideal if you need quick cash or want to avoid stress, whereas trial favors strong cases with clear evidence, aiming for full compensation and public accountability, but risks total loss. 

Is it bad if your case goes to trial?

Going to trial isn't bad—it's sometimes the smartest way to get fair compensation when the other side won't offer a reasonable settlement. The upsides are big. Trials give you a shot at higher compensation and a final decision from the court that can't be pushed around by insurance tactics.

Why would a case not go to trial?

Sometimes, the prosecuting attorney may choose not to pursue the case. This can happen if they believe the evidence is not strong enough or if they have other reasons for not moving forward with the case. Prosecutors have the discretion to drop charges before trial.

What is the average length of a trial?

It is impossible to say with 100% certainty how long a criminal trial will last. It could take one day for the jury to reach a verdict, several months, or even multiple years. On average, 83% of felony cases are resolved within 365 days and 77% of misdemeanor cases are resolved within 180 days.

What is the hardest case to prove in court?

Top 5 Hardest Criminal Charges to Beat

  • First-degree Murder.
  • Sexual Assault.
  • Drug Trafficking.
  • White-collar Fraud.
  • Repeat DUI Offenses.
  • DNA Evidence.
  • Digital Forensics.
  • Ballistics and Weapon Analysis.

How long is too long to wait for a trial?

Under California law: Misdemeanor trials must begin within 30 days if the defendant is in custody, or 45 days if not. Felony trials must begin within 60 days of the arraignment or preliminary hearing.

What not to say to a judge in court?

You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility. 

What decides if a case goes to trial?

Trial. If the prosecuting attorney does not offer a plea agreement or the defendant does not accept the plea agreement, then the case will proceed to trial. The defendant generally decides whether to choose a jury trial or a bench trial (judge only).

At what point do most cases settle?

Before proceeding with a trial, judges often encourage settling as a resolution to a dispute.

Who wins the most custody battles?

While mothers historically won significantly more custody, modern statistics show a shift, though mothers still often receive primary custody, with fathers gaining more shared time, but outcomes vary greatly by state and case, with courts focusing on the "best interest of the child" over gender, though subconscious biases can linger. Mothers are awarded sole custody more often, but fathers now make up a larger percentage of custodial parents, with some studies showing fathers getting around 35% of total parenting time nationwide. 

What color do judges like to see in court?

Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
 

Is it better to plead or go to trial?

Certainty. You can never know what will happen if you take your case to a jury trial—even if you have a strong defense or know you are innocent. If you agree to plead guilty, you will have a certain outcome and have a good sense of how the judge would sentence you.

Can charges be dropped after indictment?

Yes, criminal charges can be dropped after an indictment, though it's less common and often requires significant legal action or a change in the prosecution's assessment, usually through prosecutorial discretion or a defense lawyer's motion to dismiss. Reasons include insufficient evidence, constitutional violations, new exculpatory evidence, witness issues, or successful defense arguments that make a conviction unlikely, leading prosecutors to drop charges for justice or efficiency. 

How risky is going to trial?

The uncertainty of a trial outcome – There are no guarantees regarding a trial. Even if you believe you have a strong defense, there is always the risk that a jury will find you guilty. The impact on your reputation – A public trial can bring unwanted attention and scrutiny to you and your family.

How long do trial hearings last?

Generally, trials last between one and three days. However, the length of each trial depends on the complexity of the case. The judge will inform you the morning of jury selection as to how long the trial is intended to last. You may voice to the judge any hardships you may have at that time.

Why do lawyers hate going to trial?

Reasons Lawyers Avoid Going to Trial

There's the fear of failure. The fear that the jury will reject your case. The fear that you will lose completely, or get less than the defendant's offer.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Why should you never plead guilty?

You should never plead guilty without understanding the severe, life-altering consequences, as it creates a permanent criminal record, waives your rights (like a trial), and can lead to unforeseen issues with jobs, housing, immigration, or education, even if you later feel you were partially at fault or could have gotten a better deal, with a lawyer crucial for navigating complex plea bargains and potential defenses.
 

How much will I get from a $25,000 settlement?

From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.