People accused of breaking the law have more than one option. They can mount a defense and take the case to trial. They can cooperate with the state and enter a guilty plea. Quite a few criminal defendants plead guilty instead of taking their cases to trial. In some cases, even those who insist they did not break the law might decide to negotiate a plea deal or plea bargain.
While it may at first seem counterintuitive to plead guilty to an offense that an individual did not commit, there are several benefits derived from negotiating a plea deal instead of fighting pending criminal charges. The following are some of the reasons that defendants may want to hire a criminal defense attorney to help them negotiate a plea bargain.
Limiting bad publicity
The vast majority of criminal cases result in a plea bargain. Only a small minority of cases actually go to trial. Those that do may draw attention from the media. Additionally, whatever information the prosecutors submit to the courts becomes part of the public record. Negotiating a plea deal is the easiest way to limit media coverage and the information submitted to the courts. Arranging a plea bargain with the prosecutor can reduce how much time the defendant spends in court. In some cases, defense attorneys can even negotiate to limit the information directly submitted to the courts as part of a plea bargain.
Reducing the charges
Prosecutors often put a lot of pressure on defendants by maximizing the charges they bring. Prosecutors may pursue the most serious charges that they can justify based on legal circumstances. They might even pursue multiple charges for a single incident. A plea bargain may result in the prosecutor agreeing to reduce the charges to a lesser offense or replacing multiple charges with a single offense instead.
Limiting the penalties
Defense attorneys sometimes ask prosecutors to take certain penalties off the table. For example, they may ask the prosecutor to agree to probation instead of incarceration in exchange for the defendant entering a guilty plea. Particularly in cases where the defendant is a professional or a parent who cannot risk a lengthy jail sentence, a plea bargain that focuses on controlling the penalties imposed might be the best option available. Prosecutors can sometimes offer concessions in return for the convenience of a guilty plea rather than a trial.
Reviewing pending charges, the state’s evidence and the potential penalties with a skilled legal team can help defendants better evaluate the options available to them. For some defendants, having a defense attorney negotiate a plea bargain may be the most effective way to limit the lasting aftermath of a pending criminal charge.