If you’ve been accused of a crime, you’ll probably spend considerable time weighing your options and consulting with legal professionals to determine the best path forward. Depending on the circumstances, you’ll probably have several options, and the prosecution may offer you a plea bargain to speed things along.
In some cases, a plea bargain is definitely worth taking, but in others, you should automatically turn it down. When exactly is the plea bargain worth taking?
What Is a Plea Bargain?
A plea bargain is a type of deal made between the prosecution and the defense of a given criminal matter. Essentially, in exchange for pleading guilty before trial, the defendant is given some form of enticement, such as a reduced sentence or a charge of a lesser crime. This is usually done to save time and money on both sides, especially in cases where the evidence seems quite clear. It gives the defendant a reward for admitting guilt while simultaneously empowering the prosecution to convict.
However, not all plea bargains are equal, and it’s very difficult to treat them as a singular, monolithic concept. Each plea bargain offer should be treated independently and evaluated based on its own merits.
The Big Picture: Ask Your Lawyer
Your criminal defense lawyer is the main authority you’ll need to consult in this matter. Your criminal defense attorney is going to work closely with you throughout the process, defending your rights, representing you in police interrogations, negotiating with the prosecution, and representing you in trial if necessary. They’re going to serve your best interests and explore every available opportunity to mitigate penalties against you and put you in a better position.
Your lawyer is going to know the law inside and out, and they will have plenty of experience negotiating with prosecuting attorneys. As long as you’re honest with them, they’ll be able to give you the best possible advice about whether or not it makes sense to take a plea bargain.
Why Take a Plea Bargain?
With that in mind, these are some reasons why you might take a plea bargain:
- You know you’re guilty. You might choose to take a plea bargain if you know you’re guilty of the crime of which you’re accused. In this scenario, there isn’t much of a point in trying to argue your innocence, and you’ll save a lot of time and money by not going to trial. This is also an opportunity to reduce the charges against you and/or suffer less severe penalties.
- The evidence is stacked against you. Even if you know you’re innocent, if the evidence is stacked against you, you may not have much of a chance to fight for your innocence. The outcome of the case depends heavily on the balance of evidence for and against you.
- You can be charged with a lesser crime. Sometimes, being charged with a lesser crime can make a huge difference in the potential penalties you face. In certain scenarios, it’s worth taking a plea bargain just to avoid the most extreme potential penalties.
- You’ll face far less prison time. Depending on your circumstances, it might be a practical certainty that you’re going to prison. Accepting a plea bargain might be your best strategy for reducing that prison time.
- You don’t want to fight it out at trial. Criminal trials can last a long time, and they can be both stressful and expensive for participants. If you don’t want to take this battle to court, accepting a plea bargain is your best strategic move.
- Your lawyer thinks it’s the best play. And, of course, if your lawyer thinks it’s the best possible play, you should probably take it.
Why Turn Down a Plea Bargain?
These are some reasons why you might turn down a plea bargain:
- You know you’re innocent. If you know you’re innocent, and you’re willing to argue that in court, you shouldn’t take the plea bargain.
- You have exculpatory evidence. The same is true if you have exculpatory evidence that could help you escape the charges altogether.
- You have strong defenses. Affirmative defenses may exculpate you as well. If you did what you did in defense, under duress, or in response to some kind of emergency, the charges may not stick.
- You’re ready and willing to fight it out at trial. If you have the time, patience, money, and willingness to go to court, there’s little reason to accept the plea bargain.
- Your lawyer thinks it’s the best play. Again, you might turn down the plea bargain because of your lawyer’s insights and advice.
The Bottom Line
Ultimately, it’s your decision whether or not to take the plea bargain in front of you. However, you should lean heavily on your criminal defense attorney to weigh the factors in your case and come to a decision that’s most likely to benefit you.
