In 2016, 97.3% of defendants in the federal criminal justice system conceded guilt. This means that less than 3% of defendants exercised their constitutional right to trial. The vast majority of a criminal defense attorney's time is dedicated to plea bargaining - we negotiate with prosecutors to reach an acceptable outcome for clients. Plea negotiations are an important tool for defendants. However, when a defendant wishes to go to trial, is he or she punished for doing so?