If you spend a lot of time watching television, you’re probably under the impression that most criminal cases go to trial, allowing the accused to be tried by a jury of his or her peers. Surprisingly, this is a much more rare occurrence in the “real-life” legal system. The reality is that almost all criminal cases are plea bargained, meaning that the parties agree to what charges the defendant will plead guilty and what the sentence will be.
To defendants, there’s often an incentive for plea bargaining – typically a reduced sentence or lesser charge. For example, the parties might reach an agreement wherein the defendant will plead guilty to simple assault (a lesser charge) and not aggravated assault. This is called “pleading the case down” and most often happens when there is a weakness is the state’s case. It is important to have an attorney investigate the facts and research the law to determine how strong the state’s case is, remembering that the state has the burden of proving each element of the offense beyond a reasonable doubt. The weaker the state’s case, the better the deal.
Plea bargains are still subject to the judge’s approval, but since they’re a much more time and cost efficient method of resolving a criminal case, they’re often accepted. In fact, the Department of Justice recently reported that 97% of federal convictions and 94% of state convictions are the result of plea bargains.
Plea bargains are such a preferred method of resolution that there can be consequences for refusing one. If a defendant chooses to stand on their rights and proceed to trial, there may be a “trial penalty,” meaning that the state may ask for a longer sentence than they asked for at the plea bargaining state simply because the case went to trial.
With so many elements involved in a criminal case, a well-informed attorney can be invaluable in navigating the system and ensuring the best possible outcome. If you have any questions about criminal defense law, feel free to contact us.
