Only a small percentage of criminal cases go to trial. Quite a few defendants plead guilty. Many others partner with criminal defense attorneys to negotiate plea bargains. It can be difficult to understand why those who claim to have complied with the law might agree to plead guilty. However, plea bargains tend to be mutually beneficial. Defendants can avoid the worst-case scenario by negotiating clear terms with the prosecutor’s office, and the state avoids the expense of a trial.
The lawyers assisting criminal defendants with the establishment of a plea bargain often prioritize achieving specific goals. One of the three concessions explained below could be a viable reason to consider a plea bargain instead of taking a case to trial.
A reduction in charges
It is standard practice for prosecutors to bring the most severe charges they can against defendants. They may try to justify felony charges or may bring multiple criminal allegations over a single alleged incident. Lawyers can sometimes convince the state to drop secondary charges and to reduce the charges in return for a guilty plea. If the prosecutor agrees to allow a guilty plea to a minor misdemeanor, that can be a better outcome than taking multiple felony charges to trial in some cases.
Restrictions on potential penalties
When negotiating a plea bargain, the focus is often on the potential consequences. State and federal sentencing guidelines leave much to the discretion of the courts. A variety of penalties ranging from probation to incarceration could be possible. A plea bargain might exclude certain types of penalties or may impose limits on the maximum penalties the courts hand down. Eliminating or limiting jail time, financial consequences and other penalties can help people move on more effectively after facing criminal charges.
Limits on the information made public
Many defendants want to keep their cases from going to trial because they worry about prosecutors airing their dirty laundry. Other, seemingly unrelated matters can play into a criminal case. A prosecutor may discuss other relationships or situations as a way of establishing motive or illustrating the character of the defendant. When certain information becomes public record, it could haunt an individual for years. Defense attorneys sometimes negotiate plea bargains that limit what information prosecutors present to the courts. Doing so can help reduce the long-term social and professional fallout of the criminal allegations.
Pushing for the best terms possible in a plea bargain can be part of a criminal defense strategy. Defendants need to carefully evaluate their circumstances and choose the best path forward given the charges they face and the evidence the state has gathered.