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Plea Bargains: How They Work and What to Know Before You Accept One
When you’re arrested and charged with a crime, you have to enter a plea for the charges. In most cases, a defense attorney will recommend pleading not guilty at your arraignment. This gives you some time to consider your options and for your attorney to start investigating your case. However, it is possible to change your plea later on, which often happens if you’re able to agree to a plea bargain with the prosecution.
When you’ve been charged with a crime, it’s important to consider every possible defense strategy, including plea bargains. An experienced criminal defense attorney, like the team at HMW Law, can help you understand whether a plea bargain may be an option for your case and help negotiate the best deal possible with the prosecution.
What Is a Plea Bargain?
A plea bargain is an agreement that a criminal defendant makes with the prosecution. In exchange for the defendant pleading guilty, the prosecution usually agrees to either reduce the charge or agree to a lesser sentence. This serves the prosecution because they don’t have to spend the time, money, and investigative resources on a trial. It also gives them a for-sure conviction win.
However, it can also be in the defendant’s best interests because it can help them avoid having to spend months or even years in jail waiting for the trial proceedings to finish. It can also help them avoid severe penalties, such as in the case of sex crimes or serious felonies, which may carry up to life in prison.
Is a Plea Bargain Always an Option?
Because of what they see on television crime dramas, which are very rarely accurate and often misleading about the realities of the criminal justice system, many defendants believe that a plea bargain is an option in every case. However, this isn’t always true. The prosecution has to be willing to agree to a plea bargain. In cases where they feel the evidence is strongly in their favor, they may not be willing to offer a lesser sentence or reduced charge because they are so sure they can win.
If you’re interested in considering a plea bargain, your attorney can discuss the option with the prosecution and see if they are willing to agree. In some situations, the initial answer is no, but as the case continues on, this may change. In some cases, key evidence is excluded in pretrial hearings, and if the prosecution believes their odds of winning the case have changed, they may be willing to reconsider a plea bargain.
Pros and Cons of Plea Bargains
As with any legal defense strategy, taking a plea bargain has both pros and cons. The benefits of taking a plea bargain include knowing exactly what your sentence will be, having a quicker resolution to the case, and possibly getting your charges reduced. Not going to trial can also reduce the media coverage, which may make it easier for you to move on with your life after you’ve served your sentence. When the charges are minor, a plea bargain may also enable you to avoid jail time altogether if the prosecution is willing to recommend a diversion program instead.
However, a plea bargain is also an admission of guilt, which will forever be on your criminal record. Depending on the type of charge, it could impact your future employment prospects or make it harder to get an apartment. You will also need to serve some type of sentence, which may include time in jail or prison, depending on the charges. Negotiating a plea bargain based on a lesser sentence is also not guaranteed. Even if the prosecution agrees to recommend a lesser sentence, the judge does have the ability to overrule it and impose the full sentence as outlined in the Ohio criminal sentencing guidelines.
What Happens After You Accept a Plea Deal?
Once your attorney has worked out a plea bargain with the prosecution, they will schedule a hearing where you will change your plea to guilty. The judge will review the plea bargain to ensure that the defendant understands the implications and entered into the agreement of their own free will. Assuming the judge accepts the plea bargain, the case proceeds to sentencing, which will take place in another hearing. If the plea bargain isn’t accepted, such as if the judge believes that the defendant was coerced into the agreement, the case proceeds to trial or an agreement can be renegotiated.
Why an Attorney Should Always Be Part of the Plea Bargain Process
Even if you are planning on accepting a plea bargain, it’s important to have legal representation through every part of the process. A defense attorney has the legal knowledge and experience to negotiate the best deal possible with the prosecution and can help you understand if a plea bargain is truly the best strategy for your case. If the proposed deal isn’t good enough, you’ll need a lawyer who is ready and able to represent you throughout the trial process.
It’s common for defendants to get overwhelmed when they are facing criminal charges and want to agree to a plea bargain, believing that it’s an “easy” way out. But this isn’t always the right strategy. Contact the legal team at HMW Law to schedule an appointment with an attorney where we can review your case and help you weigh your options. Call our Cleveland office at 216-369-1352 to schedule a free consultation.
