So, what happens in most criminal cases?
Well, the answer might surprise you.
Contrary to what you see on TV or in the movies, most criminal cases never even make it to court. In fact, 98% of federal cases end with a plea bargain.
State cases aren’t too far behind with around 95%.
But here’s the thing…
If you’re currently facing criminal charges, you need to understand plea bargains.
This guide will cover everything you need to know about the plea bargain process. From what it is to how it works to how to make the right decision for you.
Let’s go.
What you’ll learn:
- How plea bargains work within the criminal defense process
- Why plea bargains are so common today
- The upsides and downsides you need to know about
- When to accept a plea deal and when not to
- How to navigate the plea bargain negotiation process
What Is A Plea Bargain?
Plea bargains are agreements made between the defendant and the prosecutor.
As the name implies, the defendant (you) pleads guilty to the charges in exchange for something in return. Usually, this is a lighter sentence, reduced charges, or certain charges being dropped altogether.
Think of it as a way to avoid trial and “roll the dice” with a guaranteed outcome.
It all starts with the prosecutor making an initial offer. If you’re working with experienced legal professionals like Ahmad & Associates, your criminal defense attorney reviews that offer and negotiates for better terms as part of the criminal defense process.
If the prosecution has a weak case against you, an experienced defense attorney can often use that to secure a much better plea bargain for you.
Why Plea Bargains Dominate The Criminal Defense Process
Now, before we move on, there’s something you should know…
Plea bargains aren’t new. In fact, they’ve been around for over a century.
But here’s the crazy part…
Over the last few decades, the number of cases resolved with a plea bargain has skyrocketed.
Here’s why:
The court system is overburdened. The reality is that there are not enough judges, courtrooms, or other resources to take every single criminal case to trial.
Trials are expensive and take a long time. The prosecution as well as the defendant have to put in hours upon hours of work for any given trial, and that’s just the most obvious part of the iceberg. But with a plea bargain, the case can be resolved in a fraction of the time.
Trials are unpredictable. Trials are risky for everyone involved. Even if you have a strong defense, you never really know what’s going to happen. On the other hand, plea bargains offer a certain outcome with no surprises.
In short, plea bargains are a way for both the prosecution and defense to save time, money, and effort.
The Trial Penalty: Why People Choose Plea Deals
Hold on just a second though…
Did you know about something called the “trial penalty?”
Basically, it’s the huge difference in the sentence you get from a plea bargain versus the sentence you could receive if you take your case to trial and lose.
Trial penalties are typically 3 times the length of the plea sentence on average. The penalty is even harsher for serious charges like murder, drug trafficking, and violent felonies, where the trial sentence can be 8 or 10 times as high as the plea sentence.
The trial penalty creates this insane amount of pressure on defendants to take a plea deal.
Even innocent people who might want to go to trial feel like they have no choice but to plead guilty.
Look at the numbers…
Only 2-3% of federal convictions these days come from actual trials.
But here’s what it really comes down to…
Trials are a crapshoot. There’s just too much at stake to risk it.
The Upsides Of Accepting A Plea Bargain
Plea bargains aren’t all bad news though. They do have some real upsides if you’re facing charges.
- Reduced charges. Pleading guilty could mean that the prosecution will drop some or all of the more serious charges against you. For example, felony charges might be reduced to misdemeanors.
- Lighter sentences. You could end up getting probation or community service instead of prison time.
- Faster case resolution. Trials can take months or even years. A plea deal could mean your case is over in weeks.
- Certainty of outcome. You know exactly what you’re getting. No more jury surprises.
The Downsides You Need To Consider
But wait…
There are some major downsides you need to consider before accepting a plea deal.
- Admission of guilt. Pleading guilty means you’re admitting to the crime, even if you’re not guilty. That creates a criminal record that can haunt you for life.
- Waiver of trial rights. Once you accept a plea bargain, you waive your right to a trial. So, if you later find out that you have a great defense, it’s too late.
- Collateral consequences. A criminal conviction could impact your ability to find a job, get housing, loans, and even professional licenses.
- Pressure to take the deal. The trial penalty exerts enormous pressure to accept any deal rather than risk it at trial.
Yeah… That’s not good.
When Does Accepting A Plea Bargain Make Sense?
So, here’s the big question:
Should you take the deal or go to trial?
It’s not always easy to answer.
In general, you should consider accepting a plea bargain if:
- The evidence against you is strong. If you’re facing a ton of evidence and it’s very likely that a jury will convict, going to trial might just result in a longer sentence.
- You want a guaranteed outcome. If you can’t afford to risk a long prison sentence, a plea bargain offers you a certain outcome.
- The deal is really good. Prosecutors might make a deal that’s truly in your favor. Felony charges reduced to misdemeanors. Little to no jail time. Or even probation instead of prison.
But remember this…
Every case is unique. What works for one defendant may not be the best course of action for another.
How To Navigate The Plea Bargain Process
If you want the best possible outcome for your case:
- Hire an experienced attorney. Do NOT try to negotiate with prosecutors yourself. You need an attorney that knows the law and can recognize a bad deal.
- Know what you’re getting. Read the plea agreement carefully. Make sure you know exactly what you’re pleading guilty to and what sentence you’ll be facing.
- Think long-term. Consider the long-term consequences. Yes, you may avoid jail time, but how will this impact your life moving forward?
- Evaluate the case’s strength. Work with your lawyer to get an honest assessment of the strength of the prosecution’s case.
The Role Of Your Defense Attorney
Okay, let me tell you something…
Your criminal defense attorney is your biggest advocate during the plea bargaining process.
Your attorney will look at the prosecution’s evidence and identify weaknesses, areas of doubt, or any reason why the case is not as strong as it might seem. Then, they use this information to negotiate a better deal on your behalf.
A good criminal defense attorney will do things like…
- Reviewing all the evidence against you thoroughly
- Researching similar cases
- Challenging weak evidence
- Negotiating hard for better terms
- Advising you honestly about whether accepting a plea bargain is in your best interests or not
Your attorney is in your corner during the criminal defense process.
Making Your Final Call
The decision to accept or reject a plea bargain is ultimately yours to make.
Your attorney can advise you but in the end, you’re the one who has to live with the consequences.
That’s why it’s so important that you understand every single detail about the deal, carefully consider your options, and make the decision that’s right for YOU.
What Happens Next
Plea bargains have become the foundation of our criminal justice system.
They’re here to stay.
If you’re facing criminal charges, it’s more important than ever to understand how plea bargains work.
The key is to work with an experienced criminal defense lawyer who can guide you through the process, negotiate for you, and help you make the best decision in your situation.
Don’t let pressure force you into a bad decision. Understand your options and make an informed choice about your future.
