The central theme of a Hollywood drama’s plot surprise is “copping a plea,” often known as taking a plea bargain or negotiated plea. Plea deals do, however, come up for criminal defendants in real life. An extremely popular alternative to going to trial is to reach a plea agreement through negotiation.
According to estimates, plea agreements are used to resolve more than 90% of criminal cases in federal courts and even more in state courts. Plea deals are seen as legally negotiated charge and sentence concessions that defendants might make in exchange for less or no jail time, and occasionally lesser or fewer charges. There is no set formula for calculating a plea deal. Read on to learn more and then contact Chambers Law Firm at 714-760-4088 to speak to a criminal defense attorney who is an expert at creating plea bargains.
Plea negotiations can be quick or can drag on for months
Plea negotiations with the prosecution’s lawyers can be completed in a matter of minutes if done effectively, or they can take much longer. Whether there were legal concerns at stake or whether counteroffers are being considered will determine how long the plea agreement takes. There may be court-approved standard responses to plea deals for less serious offenses, like misdemeanors and minor legal infractions, which conserves time and court resources.
Plea agreements are negotiated “off the record”
Keep in mind that criminal matters are resolved behind closed doors by entering into plea agreements with defendants. It is still mostly an unofficial procedure that is typically conducted in private and without the court’s involvement. These discussions take place both metaphorically and literally in “back rooms,” far from a new examination of the evidence, the need to determine the respective burdens of proof, or the demand for more convincing testimony.
Plea deals are also presented in exchange for the Constitution’s right to a trial. Defendants may gain from a plea deal in specific circumstances. A judge or a prosecutor may present a plea agreement. A court must also approve any plea agreement proposed by a prosecutor.
However, the very notion of a defendant renouncing their rights raises questions because it is important to take seriously the loss of any constitutionally protected rights. These waivers of rights could be interpreted as a pretext for mistreating the offender and leading to increased incarceration rates for certain ethnic offender populations, which is hardly “fair” at all.
What are common plea agreements?
Plea agreements may include rejecting all or some charges, charge bargaining in which the defendant agrees to plead guilty in exchange for a lower offense, concessions for mild punishment, community-based or custodial arrangements, and agreements specifying a version of the facts that leaves out important details and subjects the criminal to harsher punishments
Call us if you have any inquiries about plea negotiations. You should absolutely speak with a lawyer experienced in this intricate process about your options for a plea bargain. Chambers Law Firm is ready to help – call 714-760-4088.
