Most criminal cases do not proceed to trial. Instead, they are usually settled through a plea bargain. A plea bargain is an agreement which allows both sides to avoid the uncertainty, time, and expenses of a trial.
If you have found yourself facing criminal charges in California, understanding how plea bargains work will help you significantly, both in protecting your rights and in making informed decisions. In this article, we will explain to you how plea bargains work in criminal cases.
What Is a Plea Bargain?
A plea bargain is an agreement between the prosecution and the defendant in which the defendant agrees to plead guilty or no contest to a charge in exchange for some form of concession from the prosecutor. Such concessions could include lesser charges, lighter sentences, or in some cases, dismissal of certain counts.
Plea bargains must be approved by a judge in order to become official and legally binding. The court’s role in this process is to make sure that the defendant enters the plea knowingly, willingly, and with an understanding of all possible consequences.
Why Prosecutors Offer Plea Deals
Prosecutors may often go for plea bargains for practical reasons. Proceeding to trial consumes a lot of court resources and time and carries risks for both sides.
The most common reasons a prosecutor might offer a plea bargain include:
- Uncertain or weak evidence.
- Overcrowded court dockets.
- Desire to obtain a conviction without trial.
- Cooperation from the defendant in related cases.
A plea bargain gives the prosecution a guaranteed outcome whilst saving time and resources.
Common Types of Plea Bargains
Plea bargains can be different depending on the nature of the case:
Charge Bargaining
The defendant enters a guilty plea to an offense less serious than the original one. A felony can be reduced to a misdemeanor, for example.
Sentence Bargaining
The guilty plea is entered into in exchange for a promise of a specific sentence or sentencing range. This could mean probation instead of jail time.
Count Bargaining
The defendant pleads guilty to some charges, while other charges are dropped.
Every guilty plea bargain will have a different impact on a defendant’s record. Carefully evaluating them is crucial to secure the best possible outcome.
What Rights Are Waived in a Plea Bargain
One of the main consequences of accepting a plea bargain is that a defendant waives some constitutional rights, such as:
- The right to a jury trial.
- The right to confront and cross-examine witnesses.
- The right to remain silent.
- The right to demand proof of guilt beyond a reasonable doubt.
As these rights are of major importance, courts will closely evaluate plea bargains before accepting them.
Can a Judge Reject a Plea Bargain?
Yes. In California, a judge can reject a plea bargain if it is not in the interest of justice. A judge can do this if they believe that:
- The sentence is either too lenient or too harsh.
- The defendant doesn’t fully understand the plea.
- The guilty plea was not entered voluntarily.
A defendant can withdraw their plea if it is rejected. Then, they may continue to trial or renegotiate.
Risks and Consequences of Plea Deals
Although plea bargains can sometimes be beneficial, they are not always the best option.
Consequences may include:
- A permanent criminal conviction.
- Immigration consequences for non-citizens.
- Losing professional licenses or opportunities for employment.
- Mandatory fines, probation, or incarceration.
A plea bargain can also affect your right to appeal a conviction later.
Why Legal Representation Is Critical
To assess a plea bargain, one must have knowledge of criminal law, evidence, and sentencing laws, as well as all possible long-term consequences. Entering into a plea bargain agreement quickly, or without consulting an attorney first, can lead to undesirable outcomes.
A skilled criminal defense attorney can:
- Assess the strength of the prosecution’s case.
- Negotiate for reduced charges or penalties.
- Explain the consequences of a plea, both short- and long-term.
- Advise on whether it may be better to go to trial.
How Scott Mitchell Law Can Help
At Scott Mitchell Law, our lawyers are ready to assist you in your specific situation. We will advise you on all aspects of your criminal case, including plea negotiations.
Our mission is to advocate for your rights and get you the most favorable outcome available under California law.
Being charged with a crime and considering a plea bargain? Let Scott Mitchell Law assist you in weighing your options and in developing a solid defense strategy. Contact us today for a consultation, and let’s work together to protect your future.