You’ve been charged with a serious crime and are facing serious consequences. This situation can be scary and confusing, especially when the prosecutor offers you a way to reduce your charges. Is it worth it? What’s the catch? Will you regret taking this option? In this article, we’ll explain plea bargain pros and cons so you’re prepared to make the decision that’s right for you.
What Is a Plea Bargain?
A plea bargain is when a defendant agrees to plead guilty to a crime in exchange for a lesser sentence or other concessions from the prosecutor. In Oklahoma, there are four different types of pleas and numerous reasons to take this option. There are also instances where a plea deal would not be in the best interests of a defendant.
When weighing the pros and cons of a plea bargain, don’t hesitate to ask your lawyer for advice. They will know how cases like yours typically play out and which path is likely to benefit you most.
Pros of Plea Bargaining
It depends on your case, but plea bargaining usually involves a lighter sentence and more straightforward process. More specifically, the pros can include:
Reduced Charges
Because a plea bargain means you’re agreeing to say you’re guilty of a lesser charge than the original one you were charged with, you’ll get a lighter sentence and less severe penalties. In some cases, defendants might even be able to negotiate probation rather than a prison sentence.
This can benefit defendants in the short term, such as serving less jail time, and in the long-term with having fewer or less serious offenses on your record. A “cleaner” record will have less of an impact on your career opportunities, current profession (such as for jobs that require licensing), and liberties like voting or owning a gun.
Less Jail Time
If you’ve been arrested and are being held in custody, pleading guilty or no contest might get you out of jail immediately and put on probation. Or, if you’re facing felony charges, accepting a plea bargain could mean you’re transferred from jail to prison. In short, a plea bargain could help improve your physical environment.
Faster Resolution
Trials take a long time. Criminal cases can take months, if not a year, to get to trial. Accepting a plea bargain will resolve your case much more quickly, which will save you legal fees and stress. You’ll know exactly what consequences you face and how they will affect your life in a shorter time period.
Saved Money
Because plea bargains are more expedient than trials, your legal fees will be lower if you’re hiring your own lawyer. It almost always takes more time and money to bring a case to trial than to negotiate and handle a plea bargain.
Predictable Outcome
A plea bargain offers a known outcome that eliminates the uncertainty of a trial. This can provide peace of mind for defendants who are worried about the unpredictability of a jury verdict. Having more control over the outcome and avoid juries can be particularly helpful in cases where the defendant is charged with crimes that are socially offensive, such as rapes or anything involving minors.
Less Publicity
Plea bargains can shield you from the public exposure and media coverage that might accompany a trial, helping preserve some privacy. This is a priority for public figures and “regular” people alike, who either depend on their reputations to earn a living or simply don’t want their loved ones to face the repercussions of being dragged into the spotlight.
Cons of Plea Bargaining
Now, let’s examine the other angle to plea bargain pros and cons. The downsides include:
Pressure to Plead Guilty
You might feel pressure to plead guilty, even if you’re innocent, because the harsher sentences you’ll face at trial seem like too much of a risk. Also, some prosecutors push defendants to accept plea bargains to keep cases moving quickly and avoid backlog in the system.
Limited Defense
By accepting a plea bargain, you waive your right to a trial, which means you won’t get the chance to present a defense or potentially uncover exculpatory evidence through the trial process. If you have a strong case with supporting evidence, it may be in your best interest to go to trial to mount a defense.
No Option to Appeal
When you accept a plea bargain, you’re admitting guilt in the eyes of the law and typically can't appeal the conviction or sentence you receive. So, be sure you are willing to live with the consequences of a plea because you won’t have avenues to fight your conviction the way you would if you are found guilty at trial.
Permanent Record
Pleading guilty to a crime, even a lesser charge, means it will go on your criminal record, which can have long-term consequences on employment, education, and civil rights. If you decide to go to trial, you have a chance of getting an acquittal and avoiding a criminal record altogether.
Inconsistent Sentencing
Plea bargains can often result in inconsistent sentencing that may seem unfair to defendants. Similar cases can result in very different outcomes based on the defendant's willingness to bargain or the skill of their attorney, rather than the merits of the case.
Get Help Evaluating Plea Bargain Pros and Cons
For criminal defendants, the decision to accept a plea bargain should be made after carefully considering the specifics of your case, the strength of the prosecution's evidence, and the potential risks and benefits of going to trial.
Having an experienced criminal defense attorney on your side, like those at Khalaf Law Firm, will be critical. We can help you weigh the pros and cons of plea bargaining and ensure your rights are protected, giving you the best chance at a positive outcome in your case. Contact our team today for a free case evaluation.