There are many situations in which plea bargains are offered, where an agreement is made between the prosecution and the defendant. If the bargain is accepted, the defendant will plead guilty to a less serious offense or just some of the charges and will receive a shorter sentence from the prosecutor in return. Whatever situation you find yourself in, before you accept a plea deal, it’s vital that you have a conversation with a criminal defense attorney. In New York, The Law Office of Lisa Pelosi has more than 30 years of experience with the criminal justice system. Lisa knows the process, the people, and the benefits and consequences of accepting a plea deal. Contact us today for a free consultation before accepting a bargain.
Why Are Plea Bargains Offered?
When a plea is accepted, the defendant chooses to forego a trial. This can be the case when the defendant and their criminal defense attorney are not confident of what the jury would decide regarding the innocence or guilt of the defendant. In this case, the defendant could decide it is in their best interest to plead guilty to a lesser offense than to be found guilty by a jury for a greater offense and have to face tougher penalties. Many times, prosecutors will offer a plea deal in order to avoid the costs of going to trial.
How Are the Terms of a Deal Decided?
An important factor in determining a plea deal is what evidence is available for the prosecution to make a case and present it to the jury. If there is enough evidence that the prosecution believes the jury will find the defendant guilty, a plea may not be offered. If a good deal is offered, the criminal defense attorney may believe that the prosecution doesn’t have enough evidence to find a conviction. Other factors of terms of a deal or if one is offered include the seriousness of the charge, the likelihood of the defendant committing an offense again, or whether witnesses are available for trial.
How Does a Defendant Decide to Accept or Reject a Deal?
Having a conversation with a criminal defense attorney is an important step in the process of deciding whether or not to accept a plea bargain. Often, there will be a sentencing recommendation made by the prosecutor so the defendant will know exactly what they are accepting; however, the judge does not need to accept the recommendation. A defendant will decide, therefore, based on the likelihood of a conviction and the resulting sentence compared to the terms of the deal. Having a trusted criminal defense attorney to discuss options with you will give you peace of mind whatever decision is made.
Can You Change Your Mind After a Decision is Made?
It is possible to change your plea before the judge has made a final decision. However, once a judge has set a sentence after the defendant pleads guilty, it is often impossible to “take back” the guilty plea. Even if you accept a deal and plead guilty, the judge could impose a sentence that is tougher than the sentence recommended by the prosecution.
As you can see, a lot goes into determining terms of a deal and whether or not to accept the deal. A criminal defense attorney will have the knowledge to help you decide what is best for you and the situation. Get in touch with The Law Office of Lisa Pelosi in New York today.
