One of the pros of plea bargaining in criminal cases is that it protects you against onerous penalties, such as lengthy prison sentences or hefty fines. However, like every other defense strategy, it comes with cons, such as pleading guilty to a crime. A Philadelphia criminal defense lawyer can help you:
- Understand the risks of going to trial, such as avoiding the worst penalties associated with the crime in question
- Properly weigh the cons, such as having to plead guilty to a lesser crime regardless of whether or not you committed that crime
- Implement your chosen legal strategy, whether it is negotiating a plea or something else
The Pros of a Plea Bargain in a Criminal Case
The most obvious pro of negotiating a plea is that, if successful, you would face much lighter penalties than if you had not reached such an agreement. This could mean:
- You spend less time (or no time at all) behind bars
- You pay much lighter fines
- You do not face the stigma of having a more serious crime on your record
- You could get back to your regular life and your family sooner
Plea Agreements Can Make a Big Difference in the Charges You Face
Even getting the charges reduced by a degree or two can enable you to get your life back on track faster. As an example, the penalties for felonies versus misdemeanors in Pennsylvania illustrate what a difference plea bargaining can make for your future:
- A second-degree felony comes with a maximum prison sentence of ten years.
- With a first-degree misdemeanor, the maximum sentence is five years.
- By pleading to a lesser offense, a second-degree felony to a first-degree misdemeanor, you may spend half as much time behind bars—and potentially less than that, if the judge decides not to impose the maximum sentence.
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The Cons of Plea Bargaining in Criminal Cases
You may have to plead guilty to a lesser charge to avoid the charges you currently face. Even if you are innocent of that lesser charge, and even if the penalties associated with it are not as serious, they can still have a negative effect on your life. They may:
- Affect your self-esteem and your reputation within your community
- Still compel you to pay fines, fees, and restitution to the victim, which can put a financial burden on your family
- Still require you to go to jail or consent to probation, which can affect where you are allowed to go and whether you can keep your job
- Put a conviction on your criminal record, requiring you to live with that record or try to get it expunged under laws like Pennsylvania’s 18 Pa. C.S.A. § 9122
When Plea Bargaining Does Not Work
The pros and cons of plea bargaining in criminal cases are only relevant if negotiating a plea is an option in your case. If it is not, or if negotiations break down, your lawyer would have to try a different strategy, such as:
- Getting the charges reduced without a plea deal. In this scenario, you would still have to go through a trial to prove you are not guilty, but you would face lesser penalties if you are convicted.
- Finding a way to get the charges dismissed. For example, if your lawyer finds evidence that the police searched your home without a warrant or otherwise violated your rights, they can move to suppress evidence and ultimately get the case dropped. You would then be allowed to go home without facing any further inconvenience or punishment.
- Defending you against the original charges. If there is no way to get the charges reduced, your attorney can go to court and present the most compelling possible defense.
How to Negotiate a Favorable Plea Deal in Your Criminal Case
First, your criminal defense attorney has to figure out if negotiating a plea is appropriate for your situation. To do this, they will:
- Talk to you about your involvement (or alleged involvement) in the event in question
- Collect evidence from a variety of sources, including the police, witnesses, and the prosecution
- Evaluate the prosecution’s case and see if there are weak points or contradictions that they can exploit in your favor
- Find out if the prosecution and the court are amenable to negotiating and/or accepting a plea
Negotiating a Plea Bargain Agreement Can Take Time
Depending on the strength of the cases built by each side, your attorney may have to meet with the prosecution and/or the judge multiple times to hammer out a deal that is right for you. Throughout this process, your defense attorney should:
- Collect mitigation- evidence of trauma that you have experienced and/or great things that you offer to your family and community
- Use the evidence they have gathered to undermine the prosecution’s case enough to show that a plea is in everyone’s best interests
- Keep you updated on how plea bargain negotiations are going
- Explain the details, pros, and cons of any plea deal offered by the prosecution, and let you know if they think the deal is worth considering
- Provide the information you need to decide whether or not to accept any given plea deal and respect your decision either way
Plea Bargaining Varies Across Criminal Case Types
The bargaining process may look different and yield different results, depending on:
- The type and severity of the charge against you
- If this is your first offense or not
- If you face just one charge or multiple charges
- Any mitigating circumstances your attorney uncovers
- The strength of the prosecution’s case against you
- The strength of the defense your lawyer has built
Criminal defense attorneys take cases of all kinds, so they are familiar with the steps required for a case like yours. Whether you face firearm, drug, assault, or other charges, your legal team can do everything possible to protect you and get your life back.
Bargaining in Criminal Cases Is Part of Our Skillset
At the Law Offices of M.J. Snyder, LLC, we are very familiar with the pros and cons of plea bargaining in criminal cases, and how to help clients figure out whether a plea deal is right for them.
Call us today for a free consultation. As our case results show, our criminal defense attorneys are a smart and aggressive team dedicated to doing right by our clients. We can provide the legal representation you need.
