Plea Bargains in the Criminal Judicial Process (Part 2 of 2)

Factors in Deciding to Take a Plea Bargain:

All decisions depend on the gravity of the charge, (if it’s a first time misdemeanor or a 3rd degree felony) compared with the quality of the plea bargain offer (how much of a reduction from the original charge to the offered charge). Sometimes a plea bargain agreement offer can be so good that it is very difficult to turn down. Other times, the plea bargain agreement offer may not even be a reduction of charges. Outside of the obvious times when the plea bargain agreement is very good or very sour, many factors enter into the equation.

The Quality of the Evidence for the Prosecution & The Quality of the Evidence for the Defense:

In sum, if the district attorney has such great evidence against you as a defendant, that it will be very easy for them to convince a jury beyond a reasonable doubt that you did commit the offense for which you are charged, then a plea bargain may be a very good idea.

On the other hand, if the evidence that you have in your defense, or if there is not very much evidence that the district attorney prosecution has – then it will be very difficult for the prosecution to prove their case against you to a jury. This is especially true if you have a skilled and experienced criminal defense attorney. A skilled and experienced criminal defense attorney can help explain to the jury where and why there is a reasonable doubt based on the evidence available. In this case, you may want to think twice about accepting a plea bargain because the likelihood of success at trial is greater for you.

Avoid the Time & Trouble:

It is no secret that any involvement in court is time consuming and can cause headaches and strains on your time and on the time of others who you may rely on for a ride or other matters. A criminal trial can magnify the time and hassle of court because under normal conditions, the defendant must be present. Furthermore, a criminal trial will include witnesses and other people who either played a role or are relevant to the case for some reason. If your time and the time of others is more valuable than having the charges in the plea bargain on your record, then the plea bargain agreement may be more attractive.

Having a Lesser Charge:

Many people choose to accept plea bargain agreement offers because it substantially reduces the charges on their record. This can be quite important in many instances. One instance is a domestic violence charge. Here, there is a social stigma attached to a domestic violence charge and what is more, there are many employers who will not hire somebody that has such a charge on his or her record. So under these conditions, if it is clear that a plea bargain will reduce the charges to such an extent as to remove that stigmatizing statement, then it may be a very good idea to accept the agreement. Again, all of these factors, including this one depends on the evidence available to each side and the likelihood of success in your particular case.

Additionally, if you are charged with a crime that you already have in your record (that you previously committed and were convicted) and the plea bargain agreement offers a charge that is different from that, thus avoiding a “repeat offense” then the plea bargain may be attractive. Under the laws in most states and cities, sentencing and consequences increase substantially with each repeat offense. So here, if the plea bargain agreement changes the charge to a different charge and allows you to avoid a “repeat offense.” Then it will be attractive and must be considered.

Getting out of Jail:

If you are offered a plea bargain agreement, or your loved one is offered a plea bargain agreement, and they have been in jail for all the time required under the plea bargain charged, then by accepting the plea, they can get out of jail. This scenario is often referred to as “time served.”

Saving Money:

Criminal Trials, court fees, and paying a skilled criminal defense attorney can be expensive. If the charges are such that you feel you are better off saving the money and having the charge on your record, then the plea bargain agreement charge may be the right decision. For this factor, any charge that you are convicted of (plead guilty to) whether by plea bargain agreement or by trial, you will be faced with court costs and fees.
If you go to trial and win, meaning you go to trial and you and your attorney establish in the minds of the jury that there is enough doubt of your guilt to be acquitted, then you pay nothing to the court.

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