The Art of The Plea
To paraphrase the late great Kenny Rogers, you’ve got to know when to hold them and when to fold them. One of the biggest decisions that you will make in your criminal case is whether to accept an early plea bargain or to take your case to court, and this choice can sometimes feel more like gambling than justice.
Though choosing whether or not to take an offered plea bargain can feel like more of a risk than you are comfortable with, there is a science to this choice that an experienced criminal justice attorney is all too familiar with.
Understanding Plea Bargains
A plea bargain is an agreement between the prosecution and the defendant in a criminal case, where the defendant agrees to plead guilty to certain charges in exchange for certain concessions from the prosecution.
In a plea bargain, the defendant typically agrees to plead guilty to a lesser offense or to accept a reduced sentence in exchange for the dismissal of more serious charges or a lighter punishment.
Types of Plea Bargains
There are several types of plea bargains that may be struck between the prosecution and the defense. Plea bargains are all about negotiation and an experienced defense attorney can help you determine what the best strategy is for your case.
Charge Bargaining
In charge bargaining, the defendant agrees to plead guilty to a less serious offense than the one originally charged by the prosecution. This is the most common type of plea bargain used in criminal cases.
Sentence Bargaining
Sentence bargaining involves the defendant agreeing to plead guilty in exchange for a specific sentence or sentencing recommendation from the prosecution.
This is a common tactic used if the crime you are on trial for has a longer maximum sentence.
Fact Bargaining
Fact bargaining occurs when the defendant agrees to stipulate to certain facts or elements of the offense, which may influence the outcome of the case or sentencing.
Fact bargaining may not lead to the resolution of a case; in some cases you may bargain what version of certain facts are presented in court. While this does not circumnavigate the need to appear in court, it can have a huge impact on the results of your trial.
Pros and Cons of Accepting a Plea Bargain
Accepting a plea bargain in a criminal case offers both advantages and disadvantages that defendants must carefully consider before making a decision.
One of the primary advantages is the potential for a reduced sentence or the dismissal of more serious charges, which can lead to a lighter punishment and a quicker resolution to your case.
Another advantage for both parties is avoiding a trial. Trials can be time consuming, stressful, and expensive. By negotiating a plea bargain, you can avoid the uncertainty and expense of a trial while still securing a favorable outcome.
Accepting a plea bargain also comes with disadvantages. For one, the main concession of a plea bargain is that you have to admit guilt. This may have long-term consequences on your criminal record and reputation.
Finding The Right Attorney for Your Case
Are you facing legal challenges and seeking the right attorney to defend your rights in a criminal defense case? Look no further. At Schiro Criminal Defense Attorneys, we understand the complexities of criminal law and are dedicated to providing unparalleled legal representation tailored to your unique case.
With years of experience and a track record of success, our team stands ready to advocate fiercely on your behalf. Don't navigate the legal system alone—schedule a consultation with us today and take the first step towards securing the defense you deserve. Your future is too important to leave to chance.
