If you are facing charges in a court of law, you may have to negotiate with the prosecution to reach an acceptable arrangement. Plea bargaining is a negotiation process that can help you get justice. The vast majority of criminal cases are resolved out of court through negotiations between the prosecutor and the defendant. Understanding plea bargains can help you make informed decisions about how to defend the criminal charges leveled against you.
Understanding Plea Bargaining
A plea bargain is a type of agreement in the justice system between the prosecutor and defendant, in which the defendants plead guilty to the charges for a lighter sentence. For example, in exchange for a “guilty” or “no contest” plea, the prosecutor agrees to drop one or more charges or recommend a specific sentence that is acceptable to the defendant pleading guilty.
The primary goal of plea bargaining is to resolve the case without going to trial. It can help streamline the legal process for resolving the dispute without a judge or jury trial. With plea bargaining, both parties have some control over the outcome of the case. Rather than letting a judge or jury render a verdict, both parties can agree to an acceptable resolution.
For the defendant, plea bargaining could be vital in reducing their sentence. This is especially true when the case against them is strong and they are likely to be convicted. Not only can plea bargaining help reduce the sentence, but it can also help avoid the publicity a trial could involve.
For the plaintiff, plea bargaining helps avoid the time and expense of a lengthy trial. Plea bargaining also helps the court system as it allows the courts to be used for cases that cannot be resolved through negotiations.
Factors Influencing The Number Of Plea Deals Offered
The frequency of plea deals offered before trial depends on several factors. A key factor is the strength of the case. If there is strong evidence against the defendant, the prosecution would be more confident of securing a favorable outcome in trial, and as a result, would be less likely to offer a plea deal. Cases with weak evidence are more likely to have a higher number of plea deals before trial.
Another factor is the severity of the charges. Generally, the more severe the charges, the fewer plea deals may be offered. The prosecution would be less likely to offer more plea deals for cases that involve violent crimes as the defendant could be a public safety concern if they get a lesser sentence. In addition, cases with aggravating factors or highly contentious matters, are less likely to receive a high number of plea deals.
The criminal history of the defendant and the reputation of the criminal defense attorney can also influence the number of plea bargains before going to trial. For example, a suspect who has a history of rejecting plea deals or an attorney who prefers taking their case to trial is likely to receive fewer plea deals.
Guilty pleas must have some benefit for the defendant. Innocent defendants are less likely to accept a deal and may prefer to go to trial. Some states encourage diversion programs for less serious criminal matters where there are fewer formal procedures and the defendant agrees to probation or community service for agreeing to plead guilty. Defendants facing serious felonies are typically ineligible.
The caseload and reductions available to the prosecution can also be a factor. If the prosecutor has access to limited resources or if the case requires too much effort, they would be motivated to resolve it as quickly as possible. This could result in more plea deals in an attempt to resolve the case before taking it to trial.
Advantages And Disadvantages Of Accepting A Plea Deal
Here are the top advantages and disadvantages of accepting a plea deal.
Pros
- Legal certainty over the outcome of the case
- Faster resolution
- Less expensive
- Less stress because of certainty
- Reduced court congestion
Cons
- Criminal record unless a plea bargain involves a deferred judgment
- Guilty plea which means admitting to the charges
- Waiver of rights to a trial
When It Is Appropriate To Reject A Plea Deal And Proceed To Trial
The plea bargaining system offers an opportunity to resolve the matter before it reaches trial, which has certain benefits. However, there are certain circumstances where it may be in the best interest of the defendant to reject a plea deal and proceed to a criminal trial.
One of the primary reasons to agree to a plea deal is that it helps reduce the sentence. However, if there is a clear weakness in the prosecution’s case, and you have a high chance of winning the case, then you are in a strong position to take the case to trial. For example, if the prosecutors have weak evidence, you can challenge it.
In some cases, the defendants want to assert their innocence and are not willing to engage in any plea bargains that require them to plead guilty or no contest to the allegations. It is worth keeping in mind that the prosecutor can only recommend a sentence to the judge or jury. Pleading guilty can even lead to harsher punishment.
Another case where rejecting a plea deal makes sense is if the plea deal is not good enough. For example, even after reducing the sentence in exchange for pleading guilty, if it includes lengthy jail time or other unacceptable penalties, then it may be better to fight the case in trial. It is always best to consult with your attorney before deciding whether it is appropriate to reject a plea deal and proceed to trial.
How Can the Law Office Of Richard B. Huttner Help?
If you are facing charges in Colorado, allow the criminal defense team at the Law Office Of Richard B. Huttner help you defend against the charges. Whether your case merits plea bargaining or going to trial, you can be assured that we have your best interests as our priority. We can do a comprehensive case evaluation to guide you on your best legal options. Unlike other attorneys who encourage their clients to resolve the case as quickly as possible, our goal is to ensure you get the best outcome possible.