Sometimes some people find themselves in a tight spot, particularly when they are accused and about to be tried for a crime.
Fortunately, there’s a thing called due process, and everyone deserves someone to represent them while in court. Those accused can consider hiring a criminal defense attorney with a good team that can dedicate themselves to the client. But they also need their services to pursue one of the tactics that can give them a better outcome. It’s called plea bargaining.
What Is Plea Bargain?
Plea bargains are an important component of the U.S. criminal justice system because they resolve a high percentage of federal and state criminal cases. According to the Bureau of Justice Statistics, more than 90 percent of convictions result from plea bargains. The use of plea bargaining is motivated by several factors:
• Avoiding trial expenses and crowded court dockets
• Improving judicial economy
• Reducing public caseloads
• Increasing conviction rates
How Are Plea Bargains Conducted?
In most cases, the defendant enters into negotiations with an attorney for the prosecutor’s office. When all parties involved agree on terms that satisfy them, the defendant enters a guilty plea in exchange for some concession from the prosecutor. This most frequently means a reduced charge but may also include the prosecutor recommending probation or an agreed-upon sentence to a judge.
However, if the defendant is charged with a misdemeanor offense punishable by incarceration for six months or less and has not been convicted of any prior crimes, federal law provides that he needs only give his signature to waive formal proceedings in favor of accepting adjudication through plea bargaining when taken before a magistrate.
What Are the Types of Plea Bargain?
When offering a plea bargain, the terms usually fall into any of these types: charge, sentence, restitution, or immunity. For example, prosecutors often jointly drop several charges against one defendant. In exchange, the defendant pleads guilty to a single charge or agrees upon a recommended sentence with the defense attorney.
Although plea bargaining is almost always done behind closed doors and outside of court, there are instances where immunity from prosecution is handed out publicly.
However, the most common form of plea bargain involves agreeing on one charge that best describes all crimes committed by the defendant. This often leads to a lesser sentence than if each offense was sentenced individually.
For example, when two defendants commit separate burglaries, they could be charged with both burglaries and conspiracy to commit burglary if evidence exists indicating they intended to work together during the commission of both crimes. If prosecutors can prove guilt beyond a reasonable doubt, both defendants would likely be convicted of all three charges.
However, if the defendants decide to plead guilty and negotiate with the prosecution for a plea bargain, they might agree to plead guilty to one burglary, and the conspiracy charge will be dropped. This is known as charge bargaining because prosecutors drop one or more charges in exchange for receiving a guilty plea on another charge. Prosecutors often engage in this practice because:
• It saves time by reducing trial preparation.
• It allows them to focus energy on prosecuting major cases.
• The process avoids uncertain outcomes at trial, where juries can acquit even when they believe that the defendant is probably guilty.
• It might help reduce overcrowding in prisons.
• It can lead to a higher overall conviction rate for the office.
Can A Guilty Defendant Receive Better Treatment Under Plea Bargaining?
One of the most notable consequences of plea bargaining is receiving better treatment or consideration than you might receive if found guilty after going through a trial. For example, under federal law, prosecutors have wide discretion when charging a defendant with drug crimes associated with crack cocaine.
If a prosecutor determines that prosecuting someone on these types of charges would be unjust because all factors point toward lesser involvement, such as being employed and having a little criminal history, he may agree not to pursue any charges at all as part of a negotiated. In some cases, prosecutors will agree to recommend a particular sentence as part of a plea agreement.
Can a Defendant Require the Prosecution to Plead Down?
Plea bargaining typically goes both ways, and the prosecution is not the only party with whom a defendant can negotiate. Defendants have just as much power to negotiate for a favorable outcome even if they themselves are guilty.
For example, defendants might ask that prosecutors drop charges or seek the least amount of incarceration possible in exchange for their cooperation in revealing information about other people allegedly involved in similar crimes. If found guilty after trial, accomplices may receive reduced sentences because they actively assisted authorities during investigations.
However, there are limits on how far defense attorneys can go when negotiating for their clients. In some cases, defense attorneys have been disbarred or required to pay up to $50,000 in restitution after a defendant received a better deal than was initially offered by the prosecution.
Plea bargaining doesn’t work in all situations, but one will never know unless they can get an expert’s opinion. To make sure that a person received a fair trial and option, they should always work with a dependable defense attorney.
