These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains, prosecutors usually agree to reduce a defendant's punishment . ... They might also agree to recommend that defendants receive reduced sentences.
What are reasons for the plea agreement?
- Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.
- The prosecution saves the time and expense of a lengthy trial.
Why do prosecutors defense attorneys and defendants often agree to plea bargains?
Indicate why prosecutors, defense attorneys, and defendants often agree to plea bargains. For prosecutors, a plea bargain removes the risk of losing the case at trial , particularly if the evidence against the defendant is weak.
Is it better to take a plea or go to trial?
Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial. ... In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial.
What happens when you take a plea deal?
If you accept a plea agreement, a judge will sentence you without a trial and without a chance to change your mind . The prosecutor may offer a deal for a reduced sentence or no jail time if you agree to plead guilty. This is known as a plea bargain.
Why would a prosecutor not offer a plea deal?
It is important to note that prosecutors do not offer plea agreements because they want to help you ; the fact is, a plea bargain is often a tactic used so that prosecutors and public defenders can push many cases through the system more efficiently.
Should victims have a say in plea bargain?
In several states, victims are afforded a general right to confer with the prosecutor . ... In other states, the obligation to confer appears to be limited to notifying, informing, or advising victims of a plea bargain or agreement that has already been reached before presenting the proposed plea to the court.
Why are so many cases plea bargained rather than going to trial?
By design, plea bargains are supposed to be a way of avoiding lengthy, costly trials for defendants who are clearly guilty. Instead, they've become a way for low-income people to get out of jail as quickly as possible , even if it means pleading guilty to a crime they didn't commit.
Should you ever take a plea deal?
They may try to convince you it is in your best interest to accept a deal on their terms or risk being charged with a more serious offense and face harsher penalties. But plea bargains are sometimes offered because evidence against you is flimsy and the prosecutor believes they might lose at trial.
Who decides if a case goes to trial?
The trial is a structured process where the facts of a case are presented to a jury , and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
How long after plea deal is sentencing?
Sentencing: If a defendant is convicted by either pleading guilty to a charge, or by being found guilty after a trial, sentencing will take place about seventy- Page 5 five days later if the defendant is in custody , or about ninety days later if the defendant is out of custody.
Why does pleading guilty reduce your sentence?
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so . When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
What is a plea deal pros and cons?
- It removes uncertainty from the legal process. ...
- It creates certainty for a conviction. ...
- It can be an effective negotiating tool. ...
- It provides more resources for the community. ...
- It reduces population levels in local jails.
Can I make a deal with the prosecutor?
In a typical plea bargain, the defense lawyer and prosecutor confer, and one or the other proposes a deal . The negotiations can be lengthy and conducted only after both parties have had a chance to research and investigate the case. Or, they can be minute-long exchanges in the courthouse hallway.
What happens if you don't take a plea deal?
If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf . ... Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.
What is the downside of plea bargains?
Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial . Despite being innocent, these people now have criminal convictions on their records.
