When Do Fraud Lawyers Recommend Going to Trial
Posted on May 20, 2025
When you've been charged with fraud or any other criminal offence, going to trial is not the only or automatic option. Depending on the circumstances of your case, you will likely receive a plea deal, and you will be given the choice to accept the agreement or go to trial. This decision should not be made lightly. Working with a skilled and experienced criminal fraud lawyer like Robert Karrass at Karrass Law, you will receive tailored guidance that is based on the specifics of your case and the evidence on the table. For meaningful legal advice and representation from a lawyer in Toronto or near you in Ontario with trial experience, book a consultation with the criminal defence lawyers at Karrass Law.
What is a Trial?
In Canada, everyone has a right to a fair trial. A trial is a formal court process where a prosecutor must prove to a judge and jury that the accused has committed the offence they're being charged with beyond a reasonable doubt. During a trial you are in a courtroom, typically with a jury of twelve peers who will listen to both the prosecution’s case and the answer from the defence to determine a verdict. The outcome of the trial or the verdict will inform sentencing and other implications of the charge.
Who Decides Whether You Go to Trial?
Ultimately, in a criminal case, the decision whether or not you will go to trial will be made by you (the accused). The decision is made based on a number of legal steps, the guidance of a trusted and skilled criminal defence lawyer, and professional input.
Early in the proceedings, your criminal defence lawyer will review the evidence disclosed by the prosecution and may request a preliminary hearing, where the evidence must be presented to the court. This hearing allows a judge to decide if there is enough evidence to justify a full trial. If the judge determines there's insufficient evidence, the charges may be dismissed. If the case proceeds, it then becomes your choice to either negotiate a plea deal or proceed to trial. At Karrass Law, our goal is always to get you the best results possible for your case. As such, our lawyers will provide our insight and suggestions by weighing the strength of the prosecution's case, the risk of conviction, potential penalties and the impact of a trial on your future.
When You May Be Better Off Going to Trial for Fraud Cases
The best course of action will always depend on the details of your case and the prosecution's case against you. But generally, there are some situations where if you've been accused of criminal fraud, you should consider a trial.
Weak or Insufficient Evidence
Fraud cases often involve complex financial documents, digital records, or witness statements that need to clearly demonstrate intent and wrongdoing. If the case against you relies on assumptions, incomplete data, or vague allegations, your defence lawyer may believe you stand a strong chance at trial.
A trial allows your defence lawyer to cross-examine witnesses, challenge the credibility of evidence, and present alternative explanations for theories presented by the prosecution. In many cases, exposing these gaps in the argument can lead to an acquittal or even a mistrial.
You Want to Be Heard
If you've been falsely accused or firmly believe you did not commit a criminal act, you might be more inclined to go to trial rather than accept a plea deal. A criminal defence lawyer will help ensure your side of the story is heard and that you're not pressured into admitting guilt for something you didn't do.
Choosing a trial in these situations gives you the opportunity to present your case to a jury and clear your name publicly and legally. It also enables your fraud lawyer to bring forward character witnesses, expert testimony, or financial audits that support your defence. If you feel like you're being accused unfairly of criminal fraud, talk about your options with the legal team at Karrass Law. Our lawyers in Toronto and throughout Ontario can help you determine the best course of action for your unique situation.
Inadequate Plea Deal
The prosecution may offer you a plea deal, which typically includes a reduced sentence for an admission of guilt, but these plea deals are sometimes not in the best interest of the accused. While they are pushed because they help resolve cases faster, it does not mean that they will always be favourable to you. In these instances, your criminal fraud lawyer might recommend going to trial if they believe the potential benefit outweighs the risk. This decision often involves careful analysis of your personal circumstances, such as immigration status, employment risks, and long-term goals. With thoughtful legal advice, you'll understand how a plea deal could affect your future.
A Strong Defence
Sometimes a trial is about timing and strategy. If your lawyer believes that cross-examination will reveal inconsistencies in the prosecution's case, or that the court environment will allow for better presentation of evidence, they may suggest pursuing a trial even in a close case.
Trials also allow for more flexibility in presenting defence theories. A skilled lawyer in Toronto will assess the local court, the judge's track record, and even the tendencies of jurors in fraud cases. This insight can help shape a strong defence that may not be as effective in a pre-trial setting.
Go To Trial Confidently with Defence Lawyers at Karrass Law
At Karrass Law, our legal advice and representation are always committed to getting you the best results possible for your situation. We are a judgment-free zone and offer the dignity and respect you deserve as you move through the stages of your criminal case, whether that's a trial or negotiations with the prosecution.
If you've been accused of mortgage fraud, credit card fraud, investment scams, Ponzi schemes or any other criminal charge that can affect your future, don't wait. Book a complimentary consultation with our experienced criminal defence lawyers. Our team will fight to always get you the best results possible for your case.