If you’re facing criminal charges, the prosecution may choose to offer you a plea bargain. Essentially, this is a deal designed to simplify criminal proceedings and provide you with an opportunity to reduce the charges against you or the potential consequences you may face.
In some cases, it’s definitely worth taking. In others, you’re better off fighting in court. So, when exactly is it the right move to take a plea bargain?
What Is a Plea Bargain?
A plea bargain is typically a negotiated agreement in which a defendant agrees to plead guilty or no contest to a lesser charge or a smaller number of charges. In exchange, the prosecution is typically willing to provide for more lenient sentencing or offer other significant concessions. After accepting a plea bargain, both sides avoid a trial.
In some cases, this can be highly beneficial for the defendant. If it seems very likely that you’re going to be found guilty no matter what, this provides you with an opportunity to minimize the charges against you and deal with your consequences. That said, plea bargains aren’t always in your favor, and they aren’t always worth taking.
The Short Answer: Talk to Your Lawyer
The best way to answer the central question here is to talk to (and trust) your lawyer. A good criminal defense lawyer has seen hundreds of different plea bargains, and they know what makes a plea bargain worth taking. They can give you an expert analysis of the strength of the case against you, help you analyze the pros and cons of taking a plea bargain now, and ultimately guide you in making the best decision for your needs.
If you don’t already have a good criminal defense lawyer, now is the time to hire one. Your lawyer will likely review all the details of the case, including the charges against you, and help you come to the right conclusion about how to move forward.
The Most Important Factors to Consider
These are some of the most important factors to consider as you determine whether to take this plea bargain:
- The strength of the case against you. The evidentiary strength of the case against you is arguably the most important factor you need to consider. Obviously, you’ll need to consider whether you actually committed this crime or not. But regardless of whether you committed the crime, you need to consider whether a judge or jury would find you guilty under these circumstances. If there is a robust body of convincing evidence against you, you’re probably not going to be able to prove your innocence. If you don’t have much in the way of exculpatory evidence and if you don’t have any reliable counterarguments, you may not be able to successfully contest the charges against you.
- The charges you face. You should also consider the charges against you. Some charges are much more serious than others, as they are more severe in terms of consequences and public perception. If you’re facing especially steep charges for your actions, it may be especially beneficial to have those charges reduced. In some cases, this can reduce a prison sentence by many years.
- The long-term consequences. Carefully think about the long-term consequences of every possibility. How will your life be affected if you accept this plea bargain? What is the best-case scenario of going to court? What is the worst-case scenario of going to court? Typically, you’ll find the right answer here.
- The nature of the bargain. Obviously, you also need to consider the nature of the bargain. How much of a difference is this going to make? Is the prosecution making enough concessions?
- Your personal reputation. You may also want to consider your personal reputation and how various charges might impact it. Sometimes, agreeing to plead guilty to a lesser set of charges can help you save face in your community or industry.
- Your personal finances. Legal battles are expensive. If you decide to fight things out in court, it could be extremely expensive for you. If you have the finances to support this battle, it might be worth it. But in many cases, there are better uses for your money.
Negotiating a Better Bargain
If you decide not to take the plea bargain, that doesn’t necessarily mean you’re going to fight things out in court. You may be in a position to make a counteroffer or continue negotiations for a superior arrangement. Your lawyer can represent you in these discussions, pushing for the best possible agreement, given the circumstances.
Plea agreements aren’t always in your favor, but sometimes, they make perfect sense. Consider all the factors relevant to your situation and work closely with your lawyer to determine the best path for you.
