Plea bargain:
What are they and why are they used?
Our criminal justice system is determined by bargains. 90% of cases are settled under plea agreements. If you are charged with a crime, your lawyer will negotiate an appeal. But is a plea your only way out?
Some basics on plea bargains
A plea is a pre-judicial settlement.
Instead of going to court and risking a guilty verdict, you might consider a bargain.
Plea agreements are recommended under federal and state law.
However, if you are innocent of your criminal charges, a bargain may not be an option.
We'll discuss everything you need to know.
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advantages
Resolve your case quickly Avoid going to prison. Save money on legal fees. More control over your case
disadvantage
You will have a criminal record. Even if you are innocent, you must plead guilty to a crime. You may need to witness your friend
Are they a quick fix?
Plea bargains are the fastest way to deal with criminal justice.
If you have been charged with a crime, you know that this is the worst feeling in the world.
The whole purpose of negotiating an appeal is to get you out of your problem quickly.
You can consider taking a deal if you get a guarantee that you won't go to jail.
First offenders are usually offered a probation and not a prison sentence.
See pre-judicial intervention
When should I consider a deal?
You should consider a plea deal if there is a lot of evidence against you.
In other words, there may be no way for you to win in court.
For example, video cameras are everywhere these days.
If there is a video that clearly commits the crime that you are accused of, there may be no way to win your case.
You can consider a deal if you were arrested as a co-defendant.
If you have been arrested with one or more people, you have co-culprits.
A typical example would be a “drug party situation”.
If the police arrested ten people at a party for owning marijuana and you were part of this group, you may be offered a bargain in return for your collaboration.
If you were at the party but didn't have marijuana, why should you have a criminal record and go to jail?
You would get a bargain if you witnessed the other people at the party.
Why do prosecutors prefer bargains?
Prosecutors love plea agreements because it reduces the number of cases, wastes less government resources, and guarantees conviction.
The more convictions a prosecutor receives, the higher his success rate.
Even if a prosecutor has a strong case, a jury could release the defendant.
Legal proceedings can be expensive and sometimes prosecutors run out of resources.
As a result, they may be motivated to offer attractive bargains.
After all, prosecutors often use pleading offers to advance their case against a co-defendant.
You can accept an agreement from one accused in return for harmful statements against another. (Discussed above)
Does a prosecutor have to offer something?
Absolutely not!
Federal and state law promote plea agreements, but a prosecutor is not legally required to offer a deal.
We represented many customers charged with serious crimes and were offered nothing.
Remember, if the prosecutor has a slam dunk case, he can choose to go to court.
Sometimes you only have two options:
Either you are guilty of crime; or Go to the process.
Whose decision is it to accept a plea deal?
Accepting a business is a difficult decision.
Your decision depends on the specific facts of your case, your finances, your criminal history, and your willingness to risk everything in one process.
Here is the philosophy of our company:
If you are really innocent; If you know in your heart that you have not done what you are accused of, you should never plead guilty.
We understand, of course, that the biggest challenge of a plea is that you feel pressured to take the safer path and avoid the risk of litigation.
However, this decision is yours and yours alone.
How can my defender help me?
Your defense lawyer will identify and explain the strengths and weaknesses of your case.
He may be able to completely dismiss your case.
If dismissal is not possible, he will discuss your legal defense.
Then he will start negotiations over negotiations.
Once everything is on the table, it's up to you.
Remember that the advantage of doing business is that you can avoid jail, get your case done quickly, and save money.
The downsides are pleading guilty to crime, keeping a criminal record, and possibly betraying your friends.
If you are innocent and think you can win in court, it may be time to go all-in.
Helpful bargains
Plea & Charge Bargaining – Research Summary
Department of Justice – Negotiations
Plea bargains – disadvantages
The Post Plea bargains: what are they and why are they used? first appeared on Peyrouton Law.
