What is a plea bargain?
A plea bargain or plea agreement allows the criminal justice system to function effectively. Many people feel that plea agreements are bad and that defendants are “getting off easy.” The reality is that without plea agreements, the criminal justice system would be unable to process the large number of cases that are handled every year. Most pleas are designed to have the defendant plead to a serious charge. Many times the plea agreement consists of a plea to the more serious charge with incarceration recommendation by the State.
In most cases, the defendant will not be assessed the Maximum fine for any given crime. One can reasonably expect to be offered a plea bargain. A plea bargain is an agreement between the Prosecutor and the Defendant which must be approved by the Court. As in any negotiation or agreement, the parties attempt to work out a resolution of the charge. Plea bargains are based upon facts. Better facts for the Defendant, means a better plea bargain. Worse facts mean tougher a plea bargain. In each case the plea bargain is controlled by the facts of the case, which means that each plea bargain offered can be different from one offered to someone else. Most often, a person is able to get a Deferred Judgment and Sentence@ which means, the defendant pleads guilty or no contest, to the charge, and the Sentencing is put off for a period of time. During that time the defendant is required to complete certain tasks, such as AA or counseling, Community Service, and Alcohol Abuse training. If the defend
Plea bargaining is the process by which criminal cases are settled. Typically, a prosecutor will make an offer to let the defendant plead guilty (or no contest) to either fewer charges than were originally filed, lesser charges than were first filed, or all the charges but with a recommended sentence that is more favorable than what the judge might be expected to give. On the defendant’s side of this bargain, he has only one thing of value his right to go to trial, which is a right to force the prosecutor to prove the case in court with a jury, a time intensive process. If the two sides reach an agreement, it is presented to a judge in a guilty plea proceeding, the right to trial is given up, and the case is set for sentencing. Plea bargains often get a bad rap, especially around election season. But the reality is without plea bargains, every criminal case filed would have to go to trial, instead of the 98% or so that plead. If this happened, the courts would grind to a halt, prosecut
A plea bargain occurs when the government and a defendant agree to a proposed punishment for a criminal case without a trial. The plea bargain still has to be approved by the Court, but usually is. A plea bargain may consist of a plea of “guilty”, or a plea of “no contest”. In both cases, upon entry of the plea, the Court will find you “guilty”. A case can be settled at several points during the process of bringing a case to trial, from before it is indicted all the way to during a trial. Sometimes, the best plea bargain can be obtained earlier in a case before the prosecution expends significant resources preparing a case for trial. In other cases, the best plea bargain is obtained later in the process, after the State realizes the potential problems they face in proving their case. The best criminal defense attorneys do not involve themselves in cases with the idea of getting the best “plea bargain” for their client, but rather with an eye toward getting a case dismissed. For this re
