Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 How Plea Bargaining Works. The three forms of plea bargaining are: Charge Bargaining: This is used when a defendant pleads guilty to a less serious crime than the one originally imposed Count Bargaining: This is used when the defendant pleads guilty to a fewer number of the charges.
Sentence Bargaining: This is used when the defendant pleads guilty knowing what sentence will be given. Is a plea bargain legally binding? A plea bargain is only valid when there are three essential components present: A knowing waiver of rights A voluntary waiver A factual basis to support the charges to which the defendant is pleading guilty The four main reasons that a plea bargain is offered by the prosecutor to the defendant are: 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. Both sides are spared the uncertainty of going to trial. The court system is saved the burden of conducting a trial on every crime charged.
Zip Code. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. On a personal level, however, it can be immensely important to a defendant that he or she not have to admit guilt and can instead simply decline to contest the charges.
Sometimes, the negotiation over a plea bargain can start fairly quickly after charges are announced by a prosecutor. In many cases, however, the prosecutor and the defense will want more time to assess the evidence in a case and see how strong or weak their position is.
For example, the parties may want to see how certain witnesses will present to the jury and whether they are likely to been seen as trustworthy or as unreliable. The defense may also make motions to exclude certain evidence obtained in a criminal case, such as test results or evidence obtained in a search of a home or car. If the defense is successful in excluding the evidence, they may be less likely to encourage a defendant to accept a plea deal.
If they lose their motion, they may then begin negotiations for a plea bargain. As you can imagine, the closer the parties get to a trial date, the more likely that plea discussions will begin.
Plea deals can start from either side of the table and typically will involve a few rounds of negotiation before a final deal is reached. Prosecutors may also need to consult with the victims involved in a case to get their thoughts on a possible plea as well. Many criminal defendants do not realize that, just because a plea deal is reached with a prosecutor, that does not mean that the plea deal is finalized.
The judge must ultimately accept the plea deal and vacate the trial. In situations where a prosecutor has dropped severe charges for a lesser charge, the court typically will not have the power to question this plea or change it.
If you are considering a plea deal, be sure to consult an experienced attorney. They will have the expertise and understanding to do what is in your best interest.
The prosecution is not on your side and is not required to offer advice to help you. Your defence lawyer can help you understand the case against you, and they will have an understanding of possible sentences you may be facing.
Your lawyer may also know of other ways to defend your case, and they know that some plea bargains are offered because there is little evidence against you.
Typically, when negotiating a plea bargain, the prosecution will make an offer and make it seem like it is in your best interest to take the deal to avoid additional charges of a longer sentence. Your lawyer can make a counteroffer, and the two sides negotiate until an agreement is reached. Facing criminal charges is a serious situation. If you or a loved one is facing criminal charges, you need an experienced and expert criminal lawyer on your side.
Talk to a lawyer who can work for your interests. William Jaksa is an experienced criminal defence attorney with over a decade of experience defending clients in Toronto.
Contact William Jaska today for a free consultation.
0コメント