Even if you believe you didn’t commit the crime for which you have been accused, you may be tempted to accept a plea bargain from the prosecution. The long delays in the criminal justice system can drag a case out for months, which can add to your expense and stress. Not to mention, the negative effect it can have on your life.
No one knows what will happen during a trial, and the jury could issue a verdict that’s worse than what the prosecution is offering. A plea bargain usually involves getting a less severe charge on your criminal record in exchange for a more lenient sentence, which can be an attractive offer if the original charge carries more severe penalties.
Legal Reasons to Accept a Plea Bargain
While many defendants can avoid being in custody by posting bail or getting a release on their own recognizance, some of them won’t be granted bail or can’t afford the bail amount (which means they will have to stay in jail until their case has been resolved). A more efficient resolution may be more appealing to someone in this situation, because that person might be able to get out of jail sooner than if the case were to go to trial. The sentence may be shorter than what a defendant would have to serve if the case were to go to trial. In some cases, the plea bargain may not include any jail time at all.
If you have been charged with another crime, the prosecution and judge will look at your criminal record. Having a guilty or no contest plea on your record will look better than having a conviction after a trial, because you would be more likely to plead guilty or no contest to a lesser charge or to fewer offenses. A criminal record can be an aggravating factor for how future crimes will be sentenced, so minimizing the number and severity of past offenses can help you to reduce or even avoid jail time later on.
Social Reasons to Accept a Plea Bargain
A number of criminal charges (such as crimes related to sex and domestic violence) come with a social stigma. If you have been charged with these types of crimes, getting a reduction can be helpful in preserving your relationship with loved ones and other people in the community. If you need to spend time in jail or prison, you may get better treatment from guards and your fellow inmates if the crime you have allegedly committed is less distasteful.
If you have a certain reputation to uphold, you may want to avoid the publicity that can come with a criminal trial. But even if you aren’t a public figure, you may want to protect your family from embarrassment. Even if you accept a plea bargain, a criminal record can be accessed by the public.
Even a plea bargain can be reported by the media, but the exposure won’t be as intense than if your case were to go to trial. Some defendants may want to accept a plea bargain to end a case more quickly, so they can protect their friends or loved ones.
Reasons for Prosecutors to Accept a Plea Bargain
Like judges, prosecutors have extremely busy schedules while having to deal with a limited number of resources. Plea bargains are more efficient and less expensive. They can also guarantee a more favorable outcome instead of dealing with the uncertainty of going to trial. In fact, many prosecutors are proud of the success rate they have had with plea bargains and are even evaluated on this basis.
Prosecutors might be reluctant to take a case to trial if it would expose their informants, because they may be required to testify. This could lead to the defense impeaching their testimony if they have a criminal record or were engaged in other questionable activities in the past.
Prosecutors may also feel sympathy for the victim of a crime and try to help them get the case resolved more efficiently and quietly. The victim may not want to testify in open court and confront the perpetrator again. Some victims want the opportunity, and many states allow them to present their position to the prosecutor or judge. They do not, however, have any say in whether a plea bargain is offered.
If you have been charged with a crime and are looking for one of the best criminal lawyers in Corpus Christi, TX, be sure to reach out to Gale Law Group.