Why Do Lawyers Often Avoid Trial?

Going to trial in Arkansas criminal court is resource-intensive, uncertain, and often unnecessary to achieve a good result. Lawyers avoid trial when:

• The prosecution offers a favorable plea deal

• The evidence is legally shaky but not enough for full dismissal

• The client wants a guaranteed, reduced outcome instead of risking a conviction

• The facts support mitigation, not outright acquittal

At Ludwig Law Firm, our job is not to "go to trial at all costs." It's to protect your future. That might mean filing motions that get charges dismissed or negotiating a plea deal that keeps a felony off your record. It all comes down to a personalized strategy.

One Key Reason Criminal Cases Settle Early

The most common reason cases resolve before trial is that both sides—prosecutor and defense—reach a mutual agreement. This is known as a plea bargain. In many Arkansas counties, prosecutors are overloaded. They don’t have the capacity to take every case to trial, especially if the defense lawyer is challenging evidence aggressively.

If your attorney finds constitutional violations, contradictory witness statements, or weak forensic links, the prosecution may offer a deal that avoids trial. But only if your lawyer knows how to use that leverage.

Do All Lawyers Actually Go to Court?

Not really. While most lawyers are licensed to practice in court, only a small percentage consistently try cases. A study from the American Bar Foundation found that even in criminal defense, many attorneys rarely argue in front of a jury. That’s why it's essential to work with a lawyer who knows when to go to trial, and can adequately prepare when that time comes.

Need help evaluating who that is? Read our guide on how to choose a criminal defense lawyer in Arkansas, which covers issues like trial preparation.

Why Choosing the Right Lawyer Matters

If you’re accused of a crime in Arkansas, you need a lawyer who understands both sides of the strategy:

• When to fight in court

• When to settle smart

• When to use evidence as negotiation leverage

• How to keep charges off your record without risking trial

Not all lawyers are built for that balance. At Ludwig Law Firm, we’re known for our compassion, strategic thinking, and relentless commitment to your outcome—whether that’s a full dismissal or a carefully structured resolution.

Additional Resources

When someone is charged with a crime in Arkansas, the assumption is often that the case will go to trial. In reality, most never do. According to a report by the Vera Institute of Justice, over 90% of criminal cases nationwide are resolved without trial, and Arkansas follows that same trend. The decision to avoid trial isn’t always about guilt—it’s about strategy, risk, and outcomes.

As always - if you have a legal question you want answered in a future blog, submit it above! Now, let's dive in.

Get the Legal Strategy That’s Right for You

Whether your case needs to be fought in court or resolved before it gets there, Ludwig Law Firm knows how to navigate it. Call 501-838-4043 or visit ludwiglawfirm.com to schedule your free consultation today.

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.