If you’ve been accused of a violent crime, there’s a possibility you’ll be offered a plea bargain. In a basic plea bargain, you’ll be offered a more lenient punishment in exchange for admitting guilt. But when is a plea bargain worth accepting? And when should you push to prove your innocence?
The Power of a Good Lawyer
A competent criminal defense lawyer is your greatest asset in this scenario. Hopefully, you’ll have a lawyer from very early on in the process, representing you in police interrogations and providing you advice on how to proceed. At the very least, you should have a lawyer by your side as you weigh your options and consider plea bargains made to you by the prosecution.
Your lawyer can help fight for a better plea bargain and negotiate for more favorable terms. Perhaps more importantly, they also have the experience and knowledge necessary to determine whether a given plea bargain is appropriate to take. They’ll have a good understanding of what you’re going to face if you end up going to trial, so they can help you determine a fair plea bargain in comparison to that.
Why Plea Bargains Are Often Worth Accepting
These are some of the reasons why plea bargains are often worth accepting: Reduced charges. In many cases, a plea bargain allows you to accept reduced charges. The prosecution might be willing to reduce your felony charge to a misdemeanor charge, or they might charge you with a different crime altogether. Ultimately, this can work in your favor, assuming you would have been found guilty of the more serious crime.
- Time savings. Both the prosecution and the defense are motivated to find an expedited, speedier resolution. For this reason, plea bargains are favorable to both sides. Accepting a plea bargain often means achieving a conclusion at least weeks, and sometimes months or years earlier.
- A lighter sentence. Plea bargains are also attractive because they typically allow defendants to accept a lighter sentence. For example, if you’re facing the prospect of 10 years in prison, you might receive a plea bargain that allows you to do only 5 years of prison time. Obviously, nobody wants to go to prison, but if it seems likely that you’ll be found guilty in court, you might as well get out 5 years earlier.
- Less publicity. Some people are motivated to accept a plea bargain because it allows them to resolve the situation faster and avoid going to trial; this has the added benefit of giving the case less publicity. If you don’t want media attention, or if you want to preserve your reputation as much as possible, this could be another powerful motivator for you.
- Future respect. People generally look on defendants who accept plea bargains more favorably than defendants who fight things out in court, only to be found guilty. If you want to maximize the future respect you receive, by everyone from prison guards to future employers, you may consider taking a plea bargain.
- Relationship preservation. Some crimes are associated with a very strong social stigma, such as sexual crimes and domestic violence. In some cases, accepting a lesser charge means being more respected and treated more fairly by other inmates, prison guards, and people you know generally.
What to Consider in Your Plea Bargain
If you’ve been offered a specific plea bargain, these are some of the most important things you’ll need to consider:
- Your lawyer’s advice. The most important thing you’ll need to consider is your lawyer’s advice. Your lawyer has a lot of experience reviewing criminal cases and working with defendants like you. They have a solid understanding of what you’re facing and what the most favorable outcome will be. If they tell you the plea bargain is the best deal you’re going to get, believe them. If they’re on the fence and they think you might be able to win in trial, factor that into your decision.
- Evidence for and against you. It’s also important to consider all the evidence for and against you. During discovery, the prosecution and the defense will work tirelessly to gather as much evidence as possible to paint a full picture of what happened. In some cases, there’s enough evidence to find you guilty without a doubt. In other cases, there may be strong evidence to the contrary. Consider this as you weigh your options.
- Possible sentence terms. You’ll also need to think about possible sentencing terms. How much punishment can you escape if you accept the plea bargain? How much better will your life look afterward? In many situations, you’ll have a lot to gain by accepting the plea bargain. However, this isn’t always the case.
- Your personal desires and convictions. Of course, you should also recognize your own personal desires and convictions. Are you committed to fighting for your innocence until the end? Or are you eager to get the matter over with us soon as possible? Much depends on your personality, values, and preferences.
There’s a reason why 90 to 95 percent of cases result in plea bargaining; it’s advantageous for both the prosecution and the defense. That doesn’t mean you should accept every plea bargain, but you should work with your lawyer and consider all the information before deciding to move forward with a trial.