The Hidden Penalty for Demanding Your Day in Court

Most people believe that if you are accused of a crime, you have a constitutional right to your day in court. You are presumed innocent until proven guilty, and a jury of your peers decides the case. But what many don’t realize is that exercising that right can come with a hidden penalty. In Connecticut, defendants who insist on going to trial often face much harsher punishments than those who plead guilty early. Lawyers call this the “trial tax” — and it’s one of the most unfair realities in our criminal justice system.

What Is the Trial Tax?

The “trial tax” is the higher sentence a defendant receives after conviction at trial compared to the more lenient deal that might have been offered in plea bargaining.

Why Does the Trial Tax Exist?

On paper, it should not exist at all. Every citizen is entitled to fight their case at trial without being punished simply for exercising their rights. But in reality, prosecutors and judges often build the system to encourage pleas:

• Plea bargaining efficiency – Courts are overloaded. If every case went to trial, the system would grind to a halt. Pleas keep the docket moving.
• Prosecutorial leverage – Prosecutors sometimes offer “discounted” sentences to secure quick guilty pleas. When defendants refuse, prosecutors push for the maximum at trial.
• Judicial pressure – Judges sometimes impose tougher sentences after a trial verdict to discourage what they see as “wasting resources.”

The result is an unfair system where the same defendant can face radically different outcomes depending on whether they plead guilty or exercise their constitutional rights.

Why It Feels Unjust

Imagine two defendants charged with the same crime. One takes a plea and gets probation. The other insists on his innocence, goes to trial, and after conviction is sentenced to years in prison. The facts of the case may be identical — yet the outcomes are worlds apart.

This raises a troubling question: Why should exercising your rights result in a harsher punishment than pleading guilty?

For many, it feels less like justice and more like coercion.

Inequality for Defendants Held on High Bonds

Another overlooked aspect of the trial tax is how pretrial detention cripples a defendant’s ability to prepare for trial. Someone held on a $200,000 or $700,000 bond who cannot afford to post bail is stuck inside a jail cell. They cannot freely visit crime scenes with their attorney, meet at the lawyer’s office to go over discovery, or track down witnesses who might support their defense. Communication with counsel becomes limited to scheduled visits or short phone calls from the jail, which are never the same as sitting down face-to-face with your lawyer on the outside. This leaves many defendants at a serious disadvantage from the very start.

In contrast, wealthier defendants who can afford bail enjoy full access to their attorneys, private investigators, expert witnesses, and forensic specialists. They can meet with their lawyer whenever they want, travel to crime scenes together, and hire professionals to analyze evidence and testimony. The difference in resources is stark — those who can pay their way out have every tool available to mount the strongest possible defense, while those trapped behind bars often face trial under far less favorable conditions.

The Connecticut Perspective

In Connecticut, plea bargaining is a central part of the criminal process. The vast majority of cases are resolved this way. But defendants who go to trial risk exposure to the full statutory penalties. Prosecutors and judges rarely call it a “trial tax,” but defendants and defense lawyers know it’s real.

At Stamford Superior Court, Norwalk, Bridgeport, and across the state, you’ll see the same pattern:

• Defendants offered diversionary programs or probation if they plead.
• Defendants who take their case to trial facing harsher penalties — sometimes the maximum allowed by law.

The Reality of Criminal Case Outcomes

The reality of the criminal justice system is that more than 90% of defendants never go to trial. Most cases are resolved through diversionary programs, negotiated guilty pleas, or outright dismissals. Only about 10% of accused individuals will ever see a trial. Usually, these are defendants who were not offered a deal they considered favorable enough to accept, or who believed they might prevail at trial or receive a more lenient sentence from a judge. For this small group, the risk of the trial tax looms large — making the decision to fight a case in court one of the hardest choices a defendant can face.

How the Trial Tax Impacts Your Case

• Plea Deals vs. Trial Risk: If you reject a plea deal, you could be facing double or triple the sentence if convicted.
• Pressure on Innocent Defendants: Even innocent people sometimes plead guilty because the risk of losing at trial is so severe.
• Collateral Consequences: Harsher penalties mean longer jail time, larger fines, and permanent damage to reputation, career, and family life.

Defenses Against the Trial Tax

You can’t change the existence of the trial tax, but you can work with a lawyer who knows how to:

• Leverage pre-trial negotiations to secure the best possible deal without giving up your rights too quickly.
• Challenge weak prosecutions so that the risk of trial is minimized.
• Conduct thorough pretrial investigation — locating witnesses, reviewing evidence, and building a record that strengthens your position both for negotiation and, if necessary, trial.
• Prepare for trial with a clear-eyed understanding of sentencing exposure, so you make informed decisions at every step.

Real-World Example

A Stamford client was charged with a felony assault. The prosecutor offered a deal involving probation and counseling. The client believed strongly in his innocence and went to trial. After a guilty verdict, the judge imposed several years of incarceration — far harsher than the original plea offer. This is a classic example of the trial tax at work.

Frequently Asked Questions1. What Does “Trial Tax” Mean in Connecticut Criminal Law?

It means harsher penalties imposed after trial compared to plea bargains.

2. Is the Trial Tax Legal?

While courts don’t admit to “punishing” people for going to trial, harsher post-trial sentences are common.

3. Why Do Innocent People Plead Guilty?

Because the risk of losing at trial — and facing the trial tax — is too high.

4. Can a Lawyer Prevent the Trial Tax?

No one can erase it, but a skilled lawyer can negotiate stronger deals and prepare better defenses.

5. What Programs Can Avoid Conviction in Connecticut?

AR, FVEP, and IDIP are available in certain cases, but they are usually resolved before trial decisions are made.

6. Do Judges in Stamford and Norwalk Impose the Trial Tax?

Yes. It’s a statewide practice, though judges rarely call it by that name.

7. What’s the Difference Between a Plea and a Trial?

A plea is negotiated; a trial leaves sentencing in the hands of the judge after a verdict.

8. Does Going to Trial Always Mean a Harsher Sentence?

Not always — but the risk is significantly higher.

9. How Does the Trial Tax Affect First-Time Offenders?

Even first-time offenders can face much tougher penalties if convicted after trial.

10. What Should I Do if I’m Facing This Decision?

Speak with an experienced Connecticut criminal defense lawyer before making any choice.

Call Attorney Allan F. Friedman Today

Facing criminal charges in Connecticut is overwhelming enough without the added burden of the trial tax. You deserve a lawyer who will explain your options, fight for your rights, and protect your future.

📞 Call Allan F. Friedman, Criminal Lawyer at (203) 357-5555 or visit the Contact Page today for a free consultation. Don’t wait — the sooner you act, the more options we can preserve.

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