What Does a Plea Bargain Mean to the Defendant?

A plea bargain is an arrangement between the defendant and the prosecuting attorney to allow the defendant to plead guilty to a reduced charge or be sentenced more leniently in exchange for avoiding a trial. There are benefits to accepting a plea bargain, but there are also risks. If you have been charged with a criminal offense, a Dallas family violence offense attorney will assist you in determining whether a plea bargain is a good option for your circumstances.

Why Do Prosecutors Offer Plea Bargains?

Prosecutors present plea offers in order to be able to resolve cases in a timely manner. Trials take up significant amounts of time, money, and resources. If every case went to trial and we had a trial on the calendar every single day, our court systems would implode. Plea agreements allow cases to be resolved quickly and still hold individuals accountable. 

A plea agreement also provides some certainty for the case. Trials can often be surprises. A defense strong enough to overcome victim and police testimony on some occasions can lead to a not guilty verdict—even if the evidence against the defendant is strong. Prosecutors would rather a plea deal than the prospect of a failed trial.

Why Would a Defendant Accept a Plea Deal?

For a defendant, a plea bargain can sometimes be the most prudent route. The primary reason is to protect against a potentially more serious punishment. If the defendant goes to trial and loses, he may face the maximum penalty on the charges.A  plea bargain may allow the defendant to avoid jail time altogether or have a less serious penalty, such as probation. 

This is particularly important when confronted with serious charges that might result in many years in prison. Plea agreements also provide certainty. A trial can be stressful, expensive, and uncertain. A plea bargain protects the defendant from that uncertainty by guaranteeing the outcome is known.

Different Types of Plea Bargains

There are three main types of plea bargains:

• Charge Bargaining: The defendant pleads guilty to a diminished charge. For instance, a felony is dropped to a misdemeanor.
• Sentence Bargaining: The defendant pleads guilty in exchange for a more lenient sentence. For example, rather than a five-year prison sentence, a defendant may be sentenced to two years of probation.
• Fact Bargaining: The defendant agrees to admit certain facts to limit other evidence from being used against them. This plea deal is less common.

The type of plea bargain offered depends on a variety of factors, including the facts of the case, the strength of evidence, and the prosecutor’s willingness to negotiate.

What Happens If You Reject a Plea Bargain?

When a defendant rejects a plea bargain, the case proceeds to trial. This means that a judge or jury will determine whether the defendant is guilty of the crime or not. Trials are risky. If the jury determines that a defendant is guilty, the judge can impose the maximum penalty under the law. 

In some cases, this can mean decades in prison. However, some defendants are confident they can prove their innocence and think they have a good chance of prevailing at trial, so they may believe rejecting the plea bargain is appropriate. Some defendants reject plea bargains because they believe they were wrongly accused of a crime. They genuinely feel guilty to plead guilty to a crime they did not commit, even for a lesser sentence.

The Role of a Defense Attorney

A defense attorney has an important role in the plea negotiation process. The attorney analyzes the strengths and weaknesses of the case, shares what might happen if the case were to go to trial, and negotiates the best deal possible. A reputable attorney will also make the accused aware of any long-term consequences they may face if they take the deal. Sometimes, the attorney can even demand a better deal from the prosecutor, depending on the circumstances surrounding the case. In a case that is complicated, such as a violent crime or sex offense, having legal representation is vital. A Dallas child sexual assault lawyer can help the accused know whether taking the deal is in their best interest or if they should contest the charges in front of a judge or jury. 

There may be instances in which taking the plea deal is not your best option, but at least you will not have to worry about significant penalties. Each case is different, and when a person is in this position, they should reach their decision based on the facts in the case, the actual evidence that would be presented at trial, and the inherent risks of accepting a plea deal or containing the matter in a trial. Any individual presented with a plea deal after being arrested should always consult with an experienced criminal defense attorney prior to accepting any plea deal because a knowledgeable attorney will make them aware of their rights, narrow down their options, and help them make the best decision for their life and future.

 

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