Many people accused of criminal activity do not take their cases to trial. Research into the outcome of criminal cases shows that a large percentage of people accused of breaking the law enter guilty pleas. They do so to bypass protracted criminal proceedings. In many cases, people hope to limit the expense related to their criminal charges. Others may hope for a more reasonable sentence because they cooperate with the state.
Contrary to what some people may expect when entering a guilty plea, they could still be subject to significant penalties depending on the circumstances surrounding their criminal charges. The outcome that they expect may be possible if they negotiate a plea bargain, but may not be easily achievable if they simply enter a guilty plea.
Plea bargaining requires direct communication
Entering a guilty plea occurs in court. The defendant expresses their desire to plead guilty to a judge, who asks them multiple questions to ensure they understand their decision. After they enter the plea, sentencing follows.
Even in scenarios where police officers may have promised lenient treatment for the defendant because they confessed or cooperated, the defendant could be at risk of facing the maximum possible penalties. Police officers do not have any authority over the outcome of criminal proceedings and cannot control the charges the state brings or the penalties the courts impose.
A plea bargain is the only way to directly influence the charges the defendant faces and the sentence handed down by the courts. To negotiate a plea deal, a defendant typically needs to partner with a criminal defense attorney.
Their lawyer can then negotiate directly with the prosecutor. The prosecutor is in a position to make certain adjustments to the criminal case. They can agree to reduce the charges in exchange for a guilty plea, for example. They can also agree to limit the penalties imposed or even the information submitted to the courts.
Prosecuting attorneys who want to keep their conviction rates high may agree to certain concessions to avoid the unpredictable outcomes and expenses associated with a criminal trial. Defendants may still have a criminal conviction on their record, but they can limit the severity of the charges on their record and possibly also the penalties imposed.
A plea bargain is a formal written agreement established directly with the prosecutor. A guilty plea is simply an admission of culpability in court. Most people facing criminal charges have to consider various options for handling their charges, including negotiating a plea bargain with the prosecutor.
Having appropriate legal assistance can help criminal defendants choose the best response given their circumstances. Plea deals are often a viable option for those who want to minimize the potential consequences they’re facing.
