Those facing criminal charges have the right to hear the charges they’re facing in open court. They also have a right to access the prosecution’s evidence. They can then respond in a way that limits their personal risk.
Many people accused of breaking the law eventually enter guilty pleas. Others may decide to take their cases to trial because they believe that the evidence should exonerate them. People plead guilty to criminal allegations for a variety of reasons. Sometimes, they fear the notoriety that could come from a publicized trial that makes the local news or worry about the risk of the state pursuing the harshest penalties possible if they fight the charges they face.
Those contemplating a guilty plea may assume they have a chance at more lenient treatment. However, a guarantee of lenience is often only available in the scenarios where people negotiate a specific plea deal or plea bargain. What is the difference between a straightforward guilty plea and a plea bargain?
A plea bargain involves state concessions
A defendant immediately offering a guilty plea leaves themselves at the mercy of the courts. The sentence that they face depends entirely on the way that the courts interpret the situation and the laws that apply.
In a scenario involving a plea bargain, a defense attorney engages in assertive negotiations with the prosecutor. State attorneys can make certain concessions in order to avoid the expense involved in taking a case to trial. Plea bargains or plea deals may result in the state recording a guilty plea to a lesser offense or taking certain punishments off the table.
A lawyer’s advocacy can make a major difference for the future of those facing criminal allegations. Reduced charges can help people protect their reputations and their eligibility for certain types of professional licensing. Sentencing concessions can help people avoid jail time and minimize the long-term consequences of pending criminal charges.
Having proper assistance when responding to a criminal charge can help people avoid the mistake of pleading guilty and thinking that that is the equivalent of securing a plea deal. Negotiating with prosecutors often requires the support of a legal professional who is familiar with negotiation tactics and the nuances of state law.