When a person faces criminal charges in California, there are many factors that must be considered. Depending on the amount of evidence against you, you might be considering taking a plea bargain. To understand whether this is a good option for you, you should first understand what types of plea bargains might be available.
There are four sorts of plea bargains that are commonly used. They are based on the terms of the plea agreement. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with an experienced criminal defense attorney.
Charge Negotiating
If the defendant agrees to a lower offense or reduced charge, this is known as charge negotiating. If the defendant pleads guilty to the same charge, this is known as sentence negotiation, and the prosecutor recommends a shorter sentence, this is known as sentence bargaining.
Count Bargaining
Count bargaining, in which the defendant is charged with multiple offenses and agrees to plead guilty to one of them in exchange for the dismissal of the others, and fact bargaining, in which the defendant pleads guilty in exchange for the exclusion of certain damaging facts from the court records, are examples of plea bargaining.
Charge Bargaining
Charge bargaining is one of the most prevalent types of negotiation. It is especially frequent for individuals who are charged with their first conviction of driving under the influence of alcohol or drugs (DUI).
According to California law, the prosecution may propose a plea bargain in exchange for the defendant admitting to a “wet” reckless offense. This less serious offense is classified as a misdemeanor. It is a less serious violation that carries with it less severe fines and, in many cases, shorter prison time. However, if the defendant is charged with a DUI during the following ten years, the past DUI crime might be used against him as a prior DUI offense.
Diversion Programs
When dealing with low-level offenses that are eligible for diversion programs, it is usual to argue for a reduced sentence. Defendants who meet the requirements can attend the diversion program by pleading guilty. These programs are quite similar to probation in terms of structure. If the offender successfully completes the program, the charges against him or her will be dropped or dismissed. They will then be able to have the entry removed from their criminal record.
No Contest
A no contest, or nolo contendere, plea is frequently used in fact-finding negotiations. Rather of entering a plea of guilty, the defendant simply agrees to accept whatever penalty the court decides is appropriate. When defendants wish to preserve their reputation, this is a frequent tactic used by attorneys. It is never established what happened in the case if you plead no contest and accept the sentence imposed by the court.
To learn more about the best way to respond to the charges you are facing, contact Chambers Law Firm now at 714-760-4088 for help.
