What Can You Expect If You Plea Bargain?

One of the major tools that a client and a criminal defense attorney have at their disposal is the possibility of plea bargaining. It's important to understand what this process is and how it might impact your case. Here are three things every person considering their criminal defense options should know about bargaining with the prosecution.

What a Plea Bargain Is

A prosecutor has the option to propose that an individual accused of a crime plead guilty to a lesser offense. For example, someone accused of assault might plead the case down to endangerment in a case where they never made contact with a punch.

Bargaining serves a couple of purposes. First, it lets the prosecutor lock in wins on their record, something they may care a lot about. Second, it reduces the financial burden on the legal system by not taking as many cases to trial. Third, it allows prosecutors to ease up on people who admit guilt, rewarding them with lesser sentences.

Doing a plea bargain is an option sometimes used to avoid creating a bigger criminal record for the defendant, too. This is most common when someone is a first-time offender or a minor. It is also sometimes done when the difference between the conviction options could be life-changing.

Not Required

It's important to understand that neither side is required to do a plea bargain. The prosecution is welcome to offer one, but they can decide to just take the case to trial.

Similarly, you're under no obligation to accept a deal if one is offered. The choice to plead guilty will remain 100% yours. However, your criminal defense attorney has a professional and legal duty to inform you of an offer.

What Happens If You Change Your Mind?

Until you've been officially sentenced, you do have the right to withdraw a plea deal. Be aware, however, that the judge will question you extensively about why this is happening.

Also, it's common practice for prosecutors to bring every charge they can against someone who backs out of a deal. Likewise, you can expect them to seek the maximum permissible sentence.

For this reason, a criminal defense attorney will tell you to take a little time before accepting a plea bargain. They will also strongly advise you to be careful about withdrawing one. However, if you negotiate in good faith, plea bargaining may be an effective way to minimize or even avoid jail time and related penalties.