Individuals facing criminal charges have the right to choose their response. The right to a trial is a critical protection guaranteed by the Constitution. However, going to trial is a lengthy process with no guarantee of success.
Criminal defendants concerned about their reputations and finances sometimes prefer to work with a lawyer to negotiate a plea bargain instead, even in cases where they assert their innocence. Plea deals involve agreeing to plead guilty in exchange for the prosecutor’s cooperation on certain matters.
There are certain benefits associated with plea bargaining as opposed to simply pleading guilty to pending charges.
What concessions are available?
Prosecutors want to keep their conviction rates high and their overall expenses low. The fewer cases they take to trial, the better. During plea negotiations, prosecutors may agree to certain requests from defense attorneys in exchange for a guilty plea.
Frequently, prosecutors agree to drop all but one of the charges a defendant faces. They may also agree to lower a particularly serious charge to a lesser offense. An individual accused of drunk driving might arrange for a plea to a reckless driving charge instead, for example.
Prosecutors can also agree to limit the penalties imposed after a guilty plea. Taking jail time off the table in favor of probation and financial penalties can drastically limit the long-term implications of a criminal conviction.
Criminal defendants worried about the impact of pending charges need to consider every option, including the possibility of plea bargaining. Consulting with an attorney can help criminal defendants determine the best response to criminal accusations and may help with the process of securing a plea bargain.