In the complex world of criminal law, one phrase that often arises is plea agreement or plea bargain. But what purpose does a plea agreement or plea bargain in criminal cases serve, and why can it be a game changer for defendants facing criminal charges? In this comprehensive guide, well delve into the definition of a plea bargain, provide examples of their benefits for defendants, and shed light on why they aren’t guaranteed to defendants in every criminal case.
Plea Bargain Definition
A plea bargain in a criminal case, also known as a plea agreement or plea deal, is a negotiated agreement between the defendant and the prosecution in a criminal case. It involves a defendant agreeing to plead guilty or no contest to certain charges in exchange for concessions from the prosecution. These concessions may include reduced charges, a lighter sentence, or the dismissal of other charges.
Benefits to a Plea Bargain in Criminal Cases
There are benefits to entering into a plea bargain in criminal cases for most defendants. Those benefits can include:
Reduced Charges
One of the primary advantages of plea bargaining is the potential for reducing charges. For example, a defendant initially charged with a felony offense(s) might negotiate, through plea bargaining, the reduction of their charge(s) to misdemeanor(s), significantly reducing their potential consequences.
Lighter Sentences
Through plea bargaining, defendants may secure shorter prison sentences or find alternatives to incarceration, such as probation, community service, or a rehabilitation program.
Avoiding Trials
Through plea bargaining in criminal cases, trials can be avoided. Lengthy trials can be emotionally draining and financially burdensome. A plea agreement allows defendants to avoid the uncertainty and stress of a trial and move on with their lives more quickly.
Criminal Record
In some cases, plea bargaining in criminal cases can result in the sealing or expungement of certain charges from a defendant’s criminal record, helping them rebuild their lives without the stigma of a serious conviction.
Examples of Beneficial Plea Bargains in Criminal Cases
To illustrate the benefits of plea bargaining in criminal cases, let’s consider a few examples:
- Drug Possession Case: A defendant arrested for felony drug possession negotiated a plea agreement where he agreed to attend a drug rehabilitation program. In exchange, the prosecution would reduce the charge to a misdemeanor after the successful completion of the program.
- Robbery Charge: A defendant faced robbery charges of an occupied structure. Through plea bargaining and a voluntary guilty plea, the charges were reduced to the lesser charge of theft, resulting in a significantly lighter sentence.
- White Collar Crimes: For a defendant involved in a criminal organization, through plea bargaining, the defendant cooperated with law enforcement by providing information about co-conspirators. In return, she received a reduced prison sentence and immunity from prosecution for certain other criminal related offenses.
A Plea Bargain in a Criminal Case Isn’t Certain
While plea agreements offer numerous advantages, pursuing a plea bargain in all criminal cases isn’t a certainty. Notably, there is no constitutional right entitling a defendant to be extended a plea offer from a prosecutor. Weatherford v. Bursey, 97 S.Ct. 837 (1977). Any plea offer extended to a defendant is at the discretion of the prosecution. Several factors influence whether a defendant is offered a plea bargain. Such factors often include:
Strength of Evidence
Prosecutors are more likely to offer a plea bargain when they believe their case is not ironclad. Strong evidence against a defendant may lead the prosecution to pursue a trial rather than negotiate a deal.
Nature of the Crime
Some crimes, particularly violent or high-profile ones, may not be eligible for plea bargains due to public interest or the seriousness of the offense.
Defendant’s Criminal History
A defendant’s prior criminal record can impact one’s eligibility for a plea agreement. Repeat offenders may have a harder time securing favorable deals.
Prosecutorial Discretion
Prosecutors have discretion in deciding whether to offer a plea agreement. Factors such as office policies, caseloads, and the prosecutor’s assessment of the case can influence this decision.
Victim Input
In some cases, the victim’s wishes and input can affect whether a plea agreement is offered. For example, in cases of domestic violence or sexual assault, a victim’s refusal to permit a plea deal may lead to a trial.
Public Perception
The public’s perception of a case can also play a role. High profile cases that garner media attention may make prosecutors less inclined to offer a plea bargain, as they may want to demonstrate a commitment to pursuing justice.
My Final Thoughts
In the world of criminal law, a plea bargain in a criminal case can be a vital tool for defendants seeking favorable outcomes. The plea bargain in criminal cases provides an opportunity for reduced charges, lighter sentences, and a chance to avoid the uncertainty of a trial. However, its essential to understand that plea agreements are not guaranteed to every defendant and can depend on various factors, including the strength of the prosecution’s evidence and the nature of the committed crime.
Navigating the criminal justice system can be daunting, but knowing your rights and options, including the possibility of pursuing a plea bargain, is crucial when facing criminal charges. If you, or someone you know, is in such a situation, seeking legal counsel and understanding the potential benefits reached through plea bargaining can be a crucial step in securing the best possible outcome.
If you, or someone you know entered into, or are considering entering into, a plea agreement, our book, The Colossal Book of Criminal Citations, contains a section dedicated to the topic of plea agreements. Our books are softcover and institution friendly. Order your copy today, or on behalf of someone incarcerated.