The sheer volume of criminal cases in the U.S. puts considerable strain on its judicial system. According to figures from the National Center for State Courts (NCSC), in 2022, state courts handled 64.6 million incoming cases, marking a 2% increase over the previous year.
One of the ways the criminal justice system attempts to reduce this caseload for courts is by offering defendants the option to resolve their cases without the need for a criminal trial. By entering into negotiations, the prosecution and defence can agree to a reduced sentence or lesser charge for the accused in exchange for a guilty plea.
This helps reduce court costs, expedite the resolution of criminal cases, and alleviate the burden on courts. This article will outline the different types of plea bargains and factors the defence should consider when entering into one.
Charge Bargaining
Charge bargaining is where the prosecution and defence strike a deal in which the defendant pleads guilty in return for a lesser charge or reduced sentence than originally proposed. This is the most common form of plea bargain and can lead to more lenient penalties for the defendant.
Sentence Bargaining
This type of plea bargain involves negotiating a deal regarding the severity or duration of the defendant’s sentence once they plead guilty to the charge. This means that the original charges still stand, but the defendant may now receive probation, reduced jail time, or other more favourable sentencing terms.
Fact Bargaining
Fact bargaining refers to negotiations regarding the facts of the case. Here, the defendant agrees to plead guilty to the original charge, but their attorney negotiates on certain key facts that are in dispute and could potentially result in a harsher sentence if the case were to go to trial. The expertise of an experienced attorney such as this Hillsborough County criminal defense attorney is essential for helping defendants secure the best deal for their case.
Factors to Consider
Before entering into plea bargaining with the prosecution, the defense must assess their client’s case to determine whether this option would result in a more favourable outcome for them. Some of the factors they must consider include the following:
- Chances of acquittal: If there is enough evidence to support their client and a strong case can be built in their defence, a criminal defence attorney may refuse to enter into a plea bargain and instead prefer to take the case to trial. This way, their client has the chance to be acquitted by a jury rather than plead guilty to a crime they may not have committed.
- Trial Length: A criminal trial can be a lengthy and stressful process. Rather than enduring the time and expense, a defendant may opt for a quicker resolution of their case by agreeing to a plea bargain.
- Certainty of outcome: In cases where the verdict may be highly uncertain or the potential for a guilty verdict at trial is high, the defence may agree to a plea bargain as it provides the defendant with certainty regarding the outcome of their case.
Ultimately a defendant’s decision to enter a plea bargain will depend on the facts of their case and the advice of their legal counsel.
