Why Plea Bargains Require Consulting a Lawyer Before Acceptance
The criminal trial phase, including Plea Bargains, can be a long and complicated process. These trials can linger for months or even years before it ends.
If every criminal defendant asks for a full jury trial, the criminal justice system would become overwhelmed and not be as efficient.
They help streamline the legal process by reducing the number of cases that go to trial. They also allow defendants to potentially receive lesser sentences while providing closure to victims and their families sooner.
However, plea agreements must be entered into voluntarily and with a full understanding of their consequences to ensure justice is served fairly.
What is a Plea Bargain?
Plea bargains are agreements entered into by defendants with prosecutors. Defendants agree to plead guilty to part or all the accusations against them in exchange for some privileges from prosecutors.
It allows prosecutors to dedicate more time and resources to other cases, thus helping judges oversee fewer trials. As part of the plea deal, the prosecutor usually agrees to reduce the punishments of the defendant.
Prosecutors like criminal defense attorney Scott Bischoff of Adams & Bischoff achieve this by reducing the number and harshness of charges filed against defendants.
They could also recommend sentencing reductions for defendants. Some plea bargains involve more than just pleading guilty.
For example, prosecutors often offer defendants attractive plea deals if they agree to testify for the state in cases involving other defendants.
The Process of a Plea Bargain or Agreement
The judge usually speaks with the defendant in open court to ensure that the plea deal is voluntary. The purpose is to ensure that the defendant is not under threat or blackmail; it could lead to unfairness.
In addition, the court will explain what the plea agreement comprises and what rights the defendant will give up by going through with it.
However, by entering into the plea agreement, the offender agrees to waive the following:
- The right to an appeal and jury trial
- The right to oppose those who are testifying against him
When Can One Make and Negotiate Plea Bargains?
Plea bargaining can happen at almost any phase of the criminal justice process in most states and courts. There could be a plea bargain soon after arresting a defendant and even before filing criminal charges.
Also, as a jury returns to the courtroom to announce its verdict, plea bargaining could result in a deal. If the jury cannot reach a unified decision after a trial, the prosecutor and defendant can bargain a plea instead of waiting for another one.
Additionally, plea bargains sometimes happen after a defendant is found guilty and the case is still pending on appeal.
Is it Possible to Withdraw a Guilty and Not Guilty Plea?
In most cases, it is not possible to withdraw a guilty plea. However, there are exceptions. For instance, the defendant may be able to change a deal if the agreement involves false promises or pressure.
A defendant who enters a guilty plea always provides a basic explanation of what happened and a declaration of entering the agreement voluntarily and knowingly.
As a result, convincing the court to change the plea while it is already on the record might be difficult.
On the other hand, a criminal defendant can always withdraw a not-guilty plea at any point throughout the process. The withdrawal can occur during the case until the jury reads their judgment.
As a result, many criminal defendants may initially plead not guilty and later change their plea to guilty after obtaining an advantageous agreement.
Benefits of Plea Bargain or Agreement
Defendants accept plea bargains to escape from more serious charges, serve a shorter term, and avoid the stress and uncertainty of a trial.
Plea agreements can also give defendants a sense of security since they can negotiate sentencing terms and avoid the harshest penalties.
Regular court appearances cost defendants time off work and traveling if the court is not close to where they live. Also, having pending charges can take its toll on a person. Plea bargains, therefore, save defendants this stress and time.
Disadvantages of Plea Bargain
The plainest disadvantage of a plea bargain is the lost opportunity. A defendant who accepts a plea agreement waives several potential evidence challenges that could have changed the outcome of a jury trial.
A plea bargain removes the chance of a not-guilty verdict. Another disadvantage for defendants is that practically every plea agreement requires them to enter a guilty or no-contest plea to criminal charges.
Consequently, this adds to their permanent criminal record. When a defendant accepts a plea deal, the defendant automatically gives up the right to appeal the conviction.
Plea bargain appeals are far more limited than appeals of guilty verdicts at trial. They are usually limited to prosecution wrongdoing or other uncommon flaws in the plea process.
Why Is It Important to Consult A Criminal Defense Lawyer Before Entering a Plea Agreement?
Defendants may be unaware whether the plea agreement a prosecutor offers them is the best. An experienced lawyer can assist you in this situation. Thus, it is vital to speak with a criminal defense lawyer before agreeing to a deal.
A defense lawyer can evaluate the case and its outcome after a trial and compare it with a plea offered by the prosecutor. If the plea deal is better, they can even bargain for a better deal for the defendant.
Pros and Cons of Plea Bargains: Why Consulting a Lawyer Is Crucial
While there are advantages that entice most criminal defendants, there are also disadvantages like forfeiting some rights.
Thus, defendants should not rush into a plea bargain deal; they should consult a criminal defense lawyer first.
The lawyer is in the best position to analyze the plea offer and help decide what is best.