Potential Choices When a Plea Bargain is Given: Should You Accept It?
When faced with criminal charges, sometimes people may mention a “plea bargain” agreement. This normally happens early in the legal process and is famously known as one of the most common resolutions. While it may seem like your only option, is it always the right choice to accept the plea bargain? Sometimes it is, sometimes it isn’t. In this week’s blog, we will explore the details behind plea bargains, their pros and cons, and how an attorney from Sutton & Lovette Law Offices can help you navigate the process.
Plea bargains are not available for certain offenses. These are noted in the Pennsylvania law codes but these restrictions aren’t always 100%. Because of this, it is important to work with someone who knows the laws backwards and forwards so that they can guide you with the potential for a plea bargain for your case.
What is a Plea Bargain?
A “plea bargain” refers to an agreement made between a defendant and a prosecutor in which the defendant agrees to plead guilty in exchange for a lighter sentence, reduced charges, or dismissal of other charges. This allows both parties to avoid going to trial, which can take up a lot of time and money for everyone involved. Plea bargains are used often in Pennsylvania to manage court caseloads. This being said, taking a plea bargain is a serious decision that requires understanding of the potential consequences that could come with it.
Different Types of Plea Bargains
There are many different kinds of plea bargains, including…
Charge Bargain: Defendant pleads guilty to a lesser charge than the original.
Sentence Bargain: Defendant pleads guilty in exchange for a specific, usually lighter, sentence.
Count Bargain: Defendant pleads guilty to fewer charges, with the remaining charges dismissed.
Fact Bargain: Defendant pleads guilty in exchange for leaving out certain case details.
Pros of Accepting Plea Bargains:
Reduced Charges or Sentences: Usually plea bargains offer you an easier sentence or a lesser charge than what you would get if you went to court for a trial. They can reduce the class of a charge, like reducing a felony to a misdemeanor. A change like that can impact your life in the future.
Avoiding a Trial: A trial can change at the drop of a hat. Even with a strong defense, you are never 100& sure whether you will be acquitted or not. A plea bargain is a more certain avenue to take and allows you to look at your future more clearly.
Fast Legal Process: Trials are long and taxing on your personal life. A plea bargain happens much faster than a traditional trial does. This is a huge benefit for some people who don’t want to lose time in a trial.
Lower Cost: Trails bring a lot of hidden costs with them. Plea bargains can help you avoid higher fines and legal fees.
Cons of Accepting Plea Bargains:
Your Criminal Record: If you plead guilty to a charge (even under a plea bargain), it will result in some kind of conviction on your record. This can affect future job searching and other large life decisions you might have to make.
Limited Right to Appeal: After a plea bargain is accepted, you can no longer appeal the case, meaning that you cannot challenge your conviction or sentence after the fact at all, which might deter some people.
Pressure from Others: People facing a plea bargain offer may feel the need to accept a plea even when they are innocent. This could be a result of manipulation and one of the reasons it is so important to have a trusted attorney by your side.
Unfair Bargains: Without a good legal partner, you could accept a plea that does not serve you well and is not worth the guilty sentence. Prosecutors sometimes do this to benefit the state.
Why Do Courts Offer Plea Bargains?
There are lots of different reasons why people end up negotiating plea bargains for defendants. One of the reasons is because of the sheer amount of cases that are waiting to go through the court system. Because plea bargains save time and avoid the need for a trial, this can benefit all parties in the process. Also, sometimes the prosecutor on a case does not feel confident in the strength of the evidence they have against the defendation. So, instead of risking the verdict of the judge, they will start negotiating a plea deal and agree to compromise with the defendant and their representation. Finally, if prosecutors cannot get their witnesses to testify, they might opt to enter plea negotiations instead of being forceful. This usually results in a lesser sentence or conviction for the defense.
To Accept or Not To Accept:
With an experienced attorney behind you, they will look into the plea deal and evaluate whether it is fair and will serve you well in the present and in the future. They will consider all of the angles and the strength of the case against you, and ultimately give you a suggestion on what you should do. Your attorney might enter a back-and-forth negotiation with the prosecutor on your case to get you a better deal. In these situations, an experienced attorney is essential. Your representation can explain what it means to accept a plea bargain, what it will look like on your criminal record, and how it will affect your future opportunities and life experience. If the plea bargain is not going to work more in your favor than not, your attorney will advise you not to accept the deal. They will explain to you your other options when taking a case to trial or pursuing other outcomes. At the end of the day, the final decision is yours, but it is smart to listen to the advice of your trusted legal counsel in these situations.
Contact a Trusted Pennsylvania Attorney to Guide You Through This Process!
While plea bargains are very common in the criminal justice space, they are often misunderstood by people outside of the system. While it is true that they potentially can offer large benefits to you and your situation, they can also come with risks and consequences in the long-run. Before you decide to accept or deny a plea bargain, make sure you understand your rights and fully understand the offer by speaking with a Pennsylvania attorney.
The skilled attorneys at Sutton & Lovette Law Offices in Cambria County, Pennsylvania, can help you decide whether you should accept or not. We are here to help you! Contact us today at (814) 471-7702 or suttonandlovette@gmail.com.