Well actually they will bypass both and offer you a deal you can't refuse. It's called a plea bargain. "Plea guilty and here is your penalty. And if you don'

Well actually they will bypass both and offer you a deal you can't refuse. It's called a plea bargain. "Plea guilty and here is your penalty. And if you don't, here is the stack of charges we'll try to get you for and how much worst it will be. Do you feel lucky, punk?" Over 95% of cases end this way. Based on exoneration, a fairly significant percentage are actually innocent people who decide that they can't fight it. If you think this doesn't sound like justice, I absolutely agree.