Featured News 2012 All About Plea Bargains

All About Plea Bargains

It takes humility and honesty to admit that you've done something wrong, but in a criminal case, admitting your crimes is often the best option. When a criminal pleads guilty, this is often part of a plea bargain. According to PBS Frontline, a plea bargain is an agreement between the prosecutor and the accused where the convicted individual pleads guilty. As a privilege for admitting his or her wrongs, the defendant is given a reduced charge or lesser sentence. Approximately 95 percent of all felony convictions in America are the result of a plea bargain.

The American Bar Association says that plea bargains are practical for a whole host of reasons. First of all, defendants are able to evade the expenses and time that it would take to defend themselves in trial while trying to avoid a harsher punishment. Sometimes, foregoing a plea bargain will also bring on unwanted attention from the media in serious cases. This can ruin a persons' life, and put a strain on family relations and any hope of a normal life after trial. For example, in the famous Casey Anthony case, Ms. Anthony refused to concede to a plea bargain. In the end, she won her case, but now she is living an ostracized life and is followed by tabloids and celebrity gossip press because of her popularity from the televised trial.

When a convicted person pleads guilty, it can also spare both sides of the case the uncertainty of going to trial. Without the option of a plea bargains, courts would be overwhelmed by the amount of long and expensive cases. In a plea bargain, either side may begin negotiations. Both sides of the case must come to an agreement before the bargain can be officiated. Normally prosecution and defense teams wrestle through lesser charges and lesser crimes, arriving at a medium that all parties are satisfied with. Also, some plea bargains involved pleading "guilty as charged," but receiving a lesser sentence for admitting the crime. In some cases, the prosecution may petition for a lesser sentence but the court will forego it and punish the convict accordingly. This depends on the degree of the case, and the punishment arrived at by the prosecution in relation to the crime.

According to the ABA, plea bargains are normally a private process. Still, the advent of victims' rights groups is now earning victims the privilege to be a part of the bargaining progression. Traditionally, the details of the plea bargain are not announced until the trial. While plea bargains can be your best bet if you are guilty of a crime, it will also be tantalizing to confess a crime that you did not admit. If you are innocent, a full trial will allow you the benefit of a jury. Though you cannot determine the outcome entirely, these people may perceive your innocence and help to set you free. According to one criminal defense lawyer, plea bargains can be tempting, even for innocent convicts, because the results are clear, whereas in trial things may go disastrously and unexpectedly wrong. Still, it is unjust that you would need to suffer at the expense of someone else's false accusation; don't acquiesce to a plea bargain if you know that you are blameless.

After a defendant pleads guilty of a crime, there is often a small window of time in which he or she can recant that plea. In these cases he or she might be able to appeal, seek state post-conviction relief, or pursue an executive clemency. All of these choices should only be considered with the aid of a criminal defense lawyer. If you have been accused of a crime, and are considering a plea bargain, then you need to talk this over with your attorney and reach a satisfactory conclusion. Make sure to explore all of your options and discuss the various ways to deal with your conviction before making any decisions.

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