Plea bargains resolve a situation a person has found themselves in after the police have charged and arrested them for a crime they suspect them of committing. On the suggestion of their criminal defense lawyer, a person facing a sentence may decide to take a plea deal.
What is a Plea Deal?
A plea deal is a deal struck between the prosecutor, representing the Commonwealth of Virginia, and the criminal defense attorney, representing the defendant. In a plea deal, the defendant will either agree to plead guilty or no contest in a case in return for a reduced charge or/and sentence.
Since jury decisions can be unpredictable, a plea bargain allows the criminal defense lawyer to have a certain amount of control and certainty over the situation before them. Additionally, courts do not always have the required resources to try every case that comes their way. By offering plea deals in certain cases, it can save time and reduce the expenses involved in taking a certain case to court.
The Advantages of Taking a Plea Deal
The advantages of taking a plea deal include:
- Reduced charges, lesser charges, or a reduced sentence. This will depend on the type of offer the defendant accepts from the prosecutor.
- When the defendant accepts a plea deal, they know their sentence on the spot. If the judge accepts the agreed upon plea deal, the defendant does not have to worry about receiving an unexpected sentence that is harsher than they thought.
- When the defendant accepts a plea deal, it takes less time versus going to trial, which would take more time. This means that the defendant’s case will leave the legal system several months earlier than if they choose to go to court to fight the charges. The defendant will also save money on legal fees.
When Should the Defendant Not Take the Plea Deal
A defendant should not take the plea deal in the following instances:
- The prosecutor has a weak case against them.
- The defendant is still near the start of the trial process.
- Pleading guilty or no contest will cause the defendant undue hardships.
A criminal defense attorney can guide the defendant on whether it is wise to take the plea deal or not. People should listen to their lawyer due to the vast amount of experiences they have trying a diverse number of cases in the Commonwealth of Virginia.
Moreover, the defendant should also wait to find out what the prosecutor intends to offer before they request a plea deal. Most often, a prosecutor may offer the defendant a much lower sentence than they expected to receive due to certain factors, such as a lack of evidence and a high case load.
However, you need to know that entering a plea deal will make your life complicated. For instance, you will find it difficult to get a job and lose your certain civil rights or certain government benefits.
If you need the expertise of a professional, reliable, and experienced criminal defense attorney, you can get in touch with us today.
