A plea deal, often called a plea bargain, is an agreement that is made between the prosecutor and the defendant after they are detained and arrested but before the trial concludes. In most cases, it leads to reduced charges in exchange for a guilty plea, though there are other possibilities. For defendants, it’s important to understand exactly how plea bargains work, what their benefits and disadvantages are, and how to make a decision about accepting one.
Types of Plea Deals
Understanding the different types of plea deals is crucial for defendants, as it allows them to understand the process and make the best decision for their case.
- Charge bargaining: Charge bargaining occurs when a prosecutor offers a defendant the opportunity to plead guilty to a lesser charge in exchange for dropping more serious charges. For example, instead of facing felony charges, you might only have to plead guilty to a misdemeanor.
- Sentence bargaining: With sentence bargaining, the defendant agrees to plead guilty in exchange for specific terms regarding sentencing. The prosecutor usually recommends that the judge impose a lighter sentence than what would be applied if convicted at trial.
- Fact bargaining: Fact bargaining involves an agreement in which a defendant admits certain facts of the case but not others, narrowing down the elements that are brought to the court. When engaging in fact bargaining, an experienced defense attorney might negotiate with the prosecutor to change specifics about your plea–such as being vague about the type of substance or amount involved.
By understanding these differences, defendants can make better decisions regarding their cases.
Benefits of Plea Deals
Plea deals can be incredibly beneficial for defendants in some cases. Understanding the possible upside of pleading guilty can help those facing charges make the right choices. Some of the reasons to accept a plea deal include the following:
- Reduced charges: One of the most notable benefits is the opportunity to plead guilty to reduced charges. This could be the difference between being found guilty of a misdemeanor or a felony. Felonies have much more serious impacts on a person’s life, including criminal penalties and collateral consequences. In some cases, a plea bargain may be well worth it to avoid this type of conviction.
- Avoiding the uncertainty of trial: Taking a plea deal removes uncertainty associated with going through a trial where outcomes may be unpredictable. When you accept a plea deal, you know pretty much exactly what the outcome is going to be, making the process less stressful, especially if the deal doesn’t include jail time.
- Quicker resolution: Plea deals expedite the resolution of a case. Instead of entering the often lengthy trial process, a plea allows for quicker outcomes, which can be beneficial for defendants.
- Lower legal costs: Accepting a plea deal may lead to reduced legal expenses. Trials can be costly due to attorney fees and additional expenses related to gathering evidence or expert witnesses. A plea agreement could save you money during your case.
Understanding the benefits will help you make a decision regarding plea deals if you ever find yourself in this situation.
Drawbacks of Plea Deals
While plea deals can have numerous advantages, there are also significant drawbacks that defendants should carefully consider before accepting an agreement. Common ones include:
- Giving up the right to trial: Accepting a plea deal means waiving your right to a trial by jury. This means you give up your right to have your case heard before a judge or a jury. You won’t be able to dispute any facts you’re being accused of, and you will have to deal with a criminal record as a result.
- Pleading guilty despite being innocent: An unfortunate reality is that many defendants–even if they’re innocent–will plead guilty to charges so that the case is resolved sooner and they can be released from custody immediately instead of waiting for a trial. Even defendants who aren’t in custody may accept plea deals simply because they’re afraid of the unknown and potentially long prison sentences, leading them to plead guilty even if they didn’t commit the crime.
- Permanent criminal record: Accepting a plea deal often results in a conviction that goes on your permanent criminal record. This can have lasting repercussions, impacting future employment opportunities, housing applications, and various civil rights. Many employers and landlords conduct background checks that reveal past convictions; even minor offenses from accepted plea deals may hinder career progress and housing options.
Ultimately, the best way to determine if you should accept a plea deal or go to trial is to speak with an experienced criminal defense lawyer.
Contact a Criminal Defense Lawyer For A Free Consultation
Deciding whether to accept a plea deal or take your case to trial is one of the most critical decisions you may face when charged with a crime. Each case is unique, and the advantages and disadvantages of plea bargains depend on many factors. Consulting with an experienced criminal defense lawyer is essential to understanding your options and making an informed decision. Contact a skilled Alabama criminal defense lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation to discuss your case. Call us at (205) 930-9800 today.