There are situations where a plea bargain is the best way forward when facing criminal charges. It is never advisable to accept a plea agreement like this unless you have an attorney who has helped you determine if it is in your best interest. A plea bargain, which is an opportunity to resolve the case with an agreement between the defendant and the prosecutor, should be carefully considered with the help of the team at Troxell Law.
What Does a Plea Bargain Mean?
A plea bargain means the criminal defense attorney and prosecutor have worked out an agreement in terms of what will occur. Typically, this means the defendant pleads guilty in the case but to lesser charges or reduced consequences. If they accept the guilty plea, they are given a lighter sentence, for example, or may have other charges dismissed against them.
Plea agreements are not always offered. To obtain one, the prosecutor must consider how serious the crime is, all of the evidence available to prove the crime, and how likely a jury will find the person guilty if it goes to trial. The legal system supports and encourages plea agreements for numerous reasons. It helps to reduce overall costs and speeds up the process.
Determine the Benefits of a Plea Bargain
Before agreeing to a plea bargain, individuals should fully understand what it requires and provides. Why should you take the plea agreement? Typically, the agreement should provide some benefit to you, such as reduced jail time, lower fines, or a reduction in your charges to a lesser serious crime. In exchange for this, the prosecutor requires that you plead guilty.
This does not mean you do not pay consequences for the incident. There are some situations where you may still go to jail or owe fines. The key is to consider what the benefits are to you and whether there is reason to believe this is the best way forward.
After Accepting a Plea Bargain
If you and your defense attorney agree with the plea bargain the prosecutor offers, you can move forward with the outcome without a trial. However, a judge must agree to the plea agreement – if the court does not agree to it, the prosecutor may have to rework the agreement in some way.
Once all parties accept it, the plea bargain is then entered into the court with you present. This is called a providence hearing in Colorado. The judge may ask you some questions. The judge may then ask if you want to accept the plea agreement and, in doing so, that you waive your right to a trial. The judge has the right to reject the plea. That may occur in situations where the judge has considered the defendant’s past criminal history, a presentence investigation report offers different recommendations, or the nature of the crime was heinous.
Plea agreements are voluntary. You have to enter into them with a sound mind and intelligently. If this is not the case, your criminal defense attorney should not allow you to move forward.