Criminal cases can be lengthy, taking anywhere from months to over a year in some instances. They can also be emotionally challenging.
One method to expedite the process is by coming to a plea agreement, which is common, as prosecutors and judges are pressured to move from one case to the next. More cases are resolved by plea agreements than will go to trial.
However, the pressure of time is not the only reason plea bargains are common. Trials are unpredictable, and coming to a plea bargain allows the prosecution and the defense to have some input into the outcome of your case.
But does that necessarily mean a proposed plea agreement in a criminal case is in the best interest of the defendant?
The answer depends on a variety of factors, and your attorney is the best person to determine when a plea agreement is in your best interest in a criminal case.
What Is a Plea Agreement?
Plea agreements are also known as plea bargains and are essentially negotiated terms between the defendant and the prosecutor. The defendant generally agrees to plead guilty or no contest while the prosecutor agrees to lessen or drop one or more charges. The judge mostly accepts the agreed to arrangement; he can reject it, sending the parties back to the drawing board, but he cannot modify the terms.
Types of Plea Bargains
The following are three types of plea bargains that the defense and prosecution may choose to pursue.
Plea to a lesser charge
This is when the prosecutor reduces a more serious charge if the defendant agrees to plead guilty to a lesser charge than has originally lodged against a defendant.
Plea to some but not all of the charges
This is when the defendant pleads guilty to specific counts of the indictment and the prosecutor agrees to drop some or all remaining counts.
Sentence Bargaining
This is when the defendant pleads guilty and the prosecutor and defense agree on a sentence range or term, such as probation rather than jail time, or cap any potential sentence at a specific amount of time.
The Pros and Cons of Plea Agreements in a Criminal Case
Plea agreements can give both the prosecutor and the defense more control over the outcome of a criminal case and expedite the process. In turn, it can save the defendant money by avoiding a costly trial and can potentially mean less jail time or a lighter sentence. Additionally, it can also lead to less publicity of the case and a less severe criminal record.
However, plea agreements are not always in the best interest of the defendant, as he/she must plead guilty or “nolo contendre” (no contest) which ultimately means that the charges are uncontested and oftentimes results in a criminal conviction. This will also show up on the defendant’s criminal record.
While a plea agreement in a criminal case does not necessarily mean that the defendant is unable to seal or expunge their criminal record at some point (this is governed by a specific statute)an experienced criminal defense attorney can help you navigate your options, leading to the best possible outcome for you.
Contact Apfelbaum Law to learn more about how we can help you navigate your criminal case.
