Plea Bargaining Pros and Cons

In criminal cases, rather than having the matter resolved by a trial, cases may be settled pursuant to a plea bargain.  In a plea bargain resolution, criminal defendants agree to plead guilty in exchange for a less stringent sentence.  The details of the plea bargain are determined by the defendant’s attorney and the prosecutors assigned to the case.  Frequently, in taking the plea bargain, the defendant will plead guilty to a lesser charge than the one originally sought.  Thereafter, the plea bargain is reduced to a “plea bargaining agreement.”  Presently, most criminal cases are resolved through plea bargaining.

Benefits of Plea Bargaining

Plea bargaining offers various advantages.  These advantages include, but are not limited to the following:

• may result in the elimination of a fine
• may result in the elimination of a jail or prison term
• may result in the reduction of a fine
• may result in the reduction of a jail or prison term
• additional charges may be dismissed against the defendant
• resolution of the matter more quickly than having a trial
• may result in fewer convictions on one’s criminal record
• may avoid publicity

Cons of Plea Bargaining

There are also negative aspects associated with plea bargains.  These negative issues include, but are not limited to the following:

• some innocent defendants may accept a plea bargain based upon a fear of the penalty if convicted
• a habitual criminal offender may end up back to the public to commit the same or a more serious crime

Getting Legal Help

If one has been arrested and charged with a crime, it is essential to retain the services of an experienced criminal attorney.  An experienced attorney will not only be able to ensure that the defendant’s rights are protected, but also the attorney will be able to determine whether a plea bargain may be an appropriate resolution in the matter.  Moreover, the attorney will have the expertise to negotiate the terms of the plea bargain and obtain the most advantageous result for the client.