Understanding The Law

Posted on: 22 February 2023

Plea bargaining is one of the most basic tools in the system of criminal law. However, folks often have questions about why anyone would plea bargain, especially if they believe they can fight and win. A criminal defense lawyer will usually have a good reason for recommending a plea deal, and here are four of the most common arguments for bargaining. 

Avoiding Greater Charges

Every defendant has to balance the risk of losing a case against their desire to fight the charges. Some criminal charges can lead to years in prison, heavy fines, and post-incarceration penalties like being on an offender list. If a plea bargain offers someone the chance to avoid jail time and limit the fines they pay, there's a good chance a criminal attorney will recommend taking the deal.

Yes, innocent people take plea bargains. There does come a point where the time and money that go into fighting a charge isn't worth it. If you can bargain an assault charge down to disorderly conduct, for example, you at least have to consider it.

Strength of the Prosecution's Case

Some cases are stronger than others. If a criminal defense attorney tells a client that the government's case is strong, the defense is more likely to bargain. For example, there might be surveillance video in a theft case that's hard to explain away. Even if the defendant believes they have a reasonable explanation for what happened, it can be tough to fight the charges.

At the same time, prosecutors generally like to wrap up wins. The government may offer a plea deal so they can move on to other issues.

Leverage

Sometimes, a defendant has leverage even if they're facing a strong case. If the government wants a defendant to testify against someone else, the defense may try to bargain for the testimony. Prosecutors may also be open to negotiating where a defendant will serve their time. A criminal attorney will have to work with the prosecution to reach a deal before the defense gives the government much information, though.

Protecting Others

Criminal cases have a way of spreading. Family members, friends, witnesses, and bystanders can all end up in the undertow of a case.

Some defendants admit guilt and take a deal to end the case quickly and without letting it spread. This can significantly reduce emotional damage within families. It also can reduce criminal exposure for people who are close to the defendant.

Reach out to a local criminal defense lawyer for more information.