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When you face the very real possibility of jail time, significant fines, reputational damage, or other consequences of a criminal conviction, you need to use all your available tools to protect yourself. One of these could be a plea bargain. While many have heard of this term, what does it really involve? When can you use it? And how? Here’s what every defendant needs to know about plea bargaining and agreements.
What Is Plea Bargaining?
Plea bargaining is a negotiation between the defendant’s legal representation and the prosecution’s team. It may start from either side, and it seeks to come up with a resolution outside the courtroom. The defendant agrees to enter a plea of guilty or no contest, and the prosecution agrees to a compromise on their end.
While this bargaining happens behind the scenes, it is governed by rules and laws which oversee how agreements are made and what they contain. The written agreement is then signed by both parties. Many more cases end through plea agreements than from judgments in a trial.
Why Do Defendants Bargain?
There are many reasons to seek out negotiation. Certainly, if you stand a good chance at conviction, you can do better by negotiating a more amenable agreement than you’re likely to get from a jury. And if you initially thought that you had a good case, but the trial has taken unexpected turns, you can still salvage the situation through a plea.
Trials are also expensive, stressful, and time-consuming. Some defendants—even innocent ones—would rather make a compromise and start moving forward with their lives than go through it at all. This motivation is unique to each person, as they know themselves and what they can or cannot handle emotionally, physically, and financially.
When Can You Bargain?
The good news is that negotiations can happen at just about any stage of the criminal trial process. Prosecutors may be motivated to offer a bargain in order to save the time and cost of a trial. Once discovery begins and your attorney can gauge the strength of your case, you are in a better position to know what to offer and what to—or what not to—agree to.
You can negotiate after the trial has begun and even during deliberations by the jury. In fact, some negotiation may be allowed after a judgment is reached if the defendant intends to appeal and the prosecution wants to avoid it.
What Can You Bargain For?
In general, plea bargains fall into three categories. First, you may negotiate for a reduced charge. For instance, you may agree to plead guilty or no contest to a misdemeanor charge—which carries less jail time—if the prosecution agrees to drop a related felony charge.
The second most common type of plea is a reduced sentence. This may be accomplished by reducing the charges above, or it could be an agreement to plead guilty to that felony in exchange for less jail time. If you face a charge with aggravating factors, like using a deadly weapon, sentencing negotiation could see that element dropped.
Finally, there is fact bargaining. This is uncommon and may or may not be allowed by the court. It involves agreeing to a particular set of facts related to the case in exchange for an agreement not to introduce some other fact or evidence.
Where Can You Learn More?
Is a plea bargain right for you? When and how should you approach it? Find out by meeting with The Ching Law Firm, PLLC. We’ll help you analyze your specific legal situation so you can make the most informed, best decisions possible. Call today to make an appointment or get answers to your questions.