Is Plea-Bargaining an Option in a Criminal Case

Criminal charges come with chances of conviction – and penalties. Therefore, it is obvious that anyone facing such a situation is scared of it. Getting legal help is essential – as soon as you face an arrest. Even before the case goes to trial, you need to face other stages, among which is plea-bargaining. Here is a quick guide to this stage in the criminal proceeding.

What is plea-bargaining? The defendant has to enter a plea regarding his/her guilt. If you plead guilty, the case does not need to go to trial; instead, the court provides the final sentence. However, if you plead not guilty, the case goes to trial and the prosecution has to prove your guilt beyond a reasonable doubt, which is a very high standard. There is no guarantee of winning or losing when the case goes to trial. This is the reason prosecutors sometimes offer defendant plea-bargaining. The implication is- you plead guilty to fewer or lesser charges on the assurance that the penalties are less serious. Do you need legal counsel for it? Yes. You need to get a criminal lawyer at this stage to understand the implications of what you are agreeing to. Courts regard a plea-bargaining as valid only if the defendant has a lawyer to explain the legal consequences. You also need his/her help to negotiate this with the prosecution. You need to understand that agreeing to this would mean conviction for you. However, it would also mean that you have fewer or lesser criminal charges on your record, and face less serious penalties for the charges. Why would the parties involved and the court accept it? The reasons for accepting this are as follows – For the prosecution – plea-bargaining makes it possible to ensure conviction, even if it is on a lesser charge. Even after a long and expensive trial, a defendant may get away. Sometimes, this is a good way to get a damaging testimonial against a co-defendant. For the defendant – this gives you the option to avoid serious criminal charges, and serious penalties associated with these. If your lawyer thinks it a good idea, this may be better than facing a trial, which would mean expenses for you too. For the court – this gives the court the alternative to a long and expensive trial. However, the court may not accept it in certain circumstances – the defendant does not voluntarily agree to it or the defendant fails to testify as per the bargain agreement. Carefully consider a plea bargain, discuss with your lawyer, and then only decide. Dave Watson, a legal columnist working with a magazine, offers practical suggestions for handling criminal law issues. If you are looking for a Criminal Lawyer, he suggests you to visit http://www.miami-criminal-lawyer.net/.

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