If you are a defendant in a criminal case that is about to be brought to trial, you might be wondering how to avoid severe penalties. Unless you are confident that you and your attorney have a strong defense, it can be challenging to predict the outcome or the consequences of your case. One way to mitigate the fear and stress that comes from participating in a trial is to work with your defense attorney on considering a plea bargain.
Plea bargains, sometimes known as “plea deals,” are an agreement between a prosecutor and a criminal defendant where a defendant pleads guilty or no contest to the crime for which they are being charged. This agreement is negotiated most often by a defense attorney and can result in the defendant receiving a reduced charge, a lighter sentence, or a dropped charge. Knowing whether or not to move forward with a plea deal can be challenging. We can break down and discuss the basics of plea bargaining, including the benefits and consequences and whether or not it is right for you.
Basics of the Plea Bargaining Process
When a defendant accepts a plea bargain, they are pleading guilty to the charge before them. These plea deals are not offered in every criminal case, especially not in circumstances where the defendant has prior criminal charges on their record, but they can provide certain benefits.
Plea bargains are a common and integral element within the criminal justice system, often resolving the majority of criminal cases rather than proceeding to trial.
At any time in the case, plea deals can be offered by either party or the judge. If a prosecutor does not have enough time or resources to go through with the defendant’s case, they may suggest a plea bargain at the start to avoid going to trial. The option for a plea bargain might be presented after proceedings have begun if the prosecution encounters a challenge, such as losing a witness during the trial, which is a common scenario in criminal law.
Are There Fixed Time Limits for Plea Bargains?
There is no fixed time limit or window where a plea bargain actively remains an option, as some prosecutors withdraw their offer at the start of the trial. If a plea bargain is not offered, defendants should talk to their attorney to determine if they are eligible.
Evaluating the Prosecution’s Case
When considering a plea bargain, evaluating the prosecution’s case and assessing the strength of the evidence against you is essential. A skilled criminal defense attorney can help you analyze the prosecution’s case and identify potential weaknesses. This evaluation should include a review of the evidence, witness statements, and any other relevant information. By understanding the prosecution’s case, you can make an informed decision about whether to accept a plea bargain or go to trial.
When to Avoid a Plea Bargain
Although there are benefits to accepting a plea bargain, it is not always the best option. For example, if you and your attorney feel that you have a strong defense, you may not want to plead guilty and may instead allow the trial to proceed. Additionally, it may not be in your best interest to accept the deal and plead guilty if you are innocent.
By accepting the plea, you waive certain rights, including access to both a trial and a jury. Once the plea is accepted, you will be brought to another hearing where you will verbally confirm your choice to take the deal and plead guilty.
Other complications that can result from accepting a plea bargain include immigration complications and professional consequences. Regardless of what you are charged with, having anything on your defendant’s criminal record can hinder your chances of maintaining your immigration status or your professional title. It may even hamper your ability to apply for jobs that run background checks.
Potential Consequences of a Guilty Plea
Accepting a plea bargain and entering a guilty plea can have significant consequences. A guilty plea can result in a criminal conviction, which can impact your future employment opportunities, housing applications, and even immigration status. Additionally, a guilty plea can lead to a criminal record, which can be challenging to expunge or seal. It’s crucial to consider these potential consequences before making a decision about a plea bargain.
How a Plea Bargain May Affect Your Personal Life
A plea bargain can have a significant impact on your personal life. A criminal conviction can affect your relationships, reputation, and overall well-being. A plea bargain may also require you to comply with specific conditions, such as probation or community service, which can impact your daily life. It’s essential to consider how a plea bargain may affect your personal life and make an informed decision based on your individual circumstances.
Evaluating Different Factors in the Plea Bargain Offer
When evaluating a plea bargain offer, it’s essential to consider several factors. These factors include the severity of the charges, the potential sentence, and the plea agreement’s terms. A skilled criminal defense attorney can help you evaluate the plea bargain offer and negotiate a better deal if necessary. It’s also important to consider the potential consequences of rejecting the plea bargain offer and going to trial.
Making an Informed Decision
Making an informed decision about a plea bargain requires careful consideration of the facts and circumstances of your case. Working with an experienced criminal defense attorney who can provide guidance and representation throughout the plea bargaining process is essential.
By evaluating the prosecution’s case, considering the potential consequences of a guilty plea, and evaluating the plea bargain offer, you can make an informed decision about whether to accept a plea bargain or go to trial.
How Can a Plea Bargain Help You?
A plea bargain may help you reduce stress. You’ll spend less time in litigation, your criminal record will look less severe, and you will be able to significantly reduce the severity of penalties.
Reduce the Impact of a Criminal Record
Plea bargains can be beneficial for anyone charged with a crime. One common form of plea bargaining is sentence bargaining, where a defendant pleads guilty in exchange for a lighter sentence compared to a more severe penalty that might otherwise be imposed.
If your defense attorney can negotiate a plea bargain for your case, you might have the opportunity to work with them on drafting a deal that will reduce the impact of the charge on your criminal record. This can manifest in several different ways, including a reduced sentence or, in some situations, having the charge dropped altogether.
Save Time With a Plea Bargain
Another benefit is that, by accepting a plea, defendants reduce their time within the court system. This can save money and time for everyone involved and is often viewed favorably by judges and prosecutors with busy caseloads, as a significant number of criminal cases are resolved through plea deals.
According to the Bureau of Justice Statistics, “90 to 95 percent of both federal and state court cases are resolved” through plea bargaining. In certain circumstances, some plea bargains can reduce your charge to a misdemeanor if it was initially a felony, or it can reduce the number of charges if there are multiple crimes involved.
Reduce Your Penalties
While you may not want to accept a plea bargain if you are innocent of the crime you’re being charged for, it can be beneficial to move forward with the deal if your charge is for a long time that you do not want to serve. For example, if you are being sentenced to twenty years of jail time, you may be able to work with your attorney to shorten that time considerably. This means that even an innocent person might accept a plea bargain in order to reduce their sentence and the severity of the charge.
Talk to your experienced defense attorney today about plea bargaining and find out if it is the best option for you.
Get an Experienced Criminal Defense Lawyer on Your Side
Have you recently been charged with a felony or convicted of a crime? Is someone you know deciding whether or not to move forward with their trial? An experienced attorney can help you evaluate the strength of the prosecution’s case and determine the best course of action. Are you looking to get the best defense possible for your case? Discover what an experienced attorney at the John D. & Eric G. Johnson Law Firm can do for you.
With over 25 years of experience in Louisiana, our legal defense team has helped clients get the justice they deserve. If you or a loved one is currently fighting an uphill battle with the legal system, Attorney Eric Johnson can help. Call (318) 377-1555 or complete our online contact form to schedule a confidential consultation with one of our dedicated attorneys.