Benefits of Plea Bargaining in Criminal Cases Explained
If you have been charged with a criminal offense, one of the most important decisions you will make during the prosecution of your case is whether to enter into a plea agreement or take your case to trial. Given the importance of the decision, it should not be made without the assistance and advice of an experienced criminal defense attorney. It may be helpful, however, to understand some of the benefits of plea bargaining in criminal cases.
An Overview of the Criminal Justice System
If this is your first experience as a defendant in a criminal prosecution, a basic overview of the criminal justice system is essential. In the United States, an accused in a criminal case is innocent until proven guilty beyond a reasonable doubt. That means that the burden is on the State (in this case, the State of Nevada), to prove your guilt. Moreover, the burden of proof required in a criminal case — beyond a reasonable doubt – is the highest burden recognized in our justice system.
As a defendant, you have numerous rights guaranteed to you in the U.S. Constitution, including the right to an attorney and the right to a trial by a jury of your peers. You also have the right to waive your right to a trial if you choose to enter into a plea agreement with the State. While it is in your best interest to only make the decision to accept a plea agreement after consulting with an attorney, it is ultimately your decision to make.
What Is a Plea Agreement?
It is imperative that you understand what a plea agreement means and what accepting one entails before deciding to waive your right to trial and enter into a plea bargain. If you accept a plea agreement, it means that you are agreeing to plead guilty to at least one of the charges against you (or to a lesser offense in some cases). You will likely be required to appear in front of a judge, withdraw your plea of not guilty and plead guilty and agree to the factual basis that supports your plea of guilt.
The terms of a guilty plea agreement are negotiated by the prosecuting attorney and your defense attorney. Typically, the prosecutor will forward an initial offer for your review and consideration. If you are interested in accepting a plea bargain but are not happy with the terms of the initial offer, your attorney may be able to negotiate more favorable terms on your behalf.
Benefits of Plea Bargaining in Criminal Cases
Only you can decide if a plea agreement is your best option; however, it helps to consider some of the benefits of plea bargaining in criminal cases before making your decision, such as:
· Avoiding uncertainty: Even the best criminal defense attorney, with the best possible set of facts and circumstances, cannot guarantee the outcome of a criminal trial. Judges and juries can be unpredictable, making a plea bargain the best way to avoid the uncertainty inherent in a criminal trial.
· Ensuring a more favorable sentence: A more favorable sentence is typically an inducement offered by the State to encourage the defendant to accept a plea agreement. For example, if you are facing charges that carry a maximum sentence of 20 years in prison, the State might agree to a plea agreement that caps the maximum sentence at 10 years.
· Dismissing charges/cases: If you have multiple charges and/or cases pending, the State may offer to dismiss some of those charges/cases in return for your plea of guilty in one case. The benefit being that you have fewer convictions and likely a less severe sentence.
· Saving time and money: It can take months, even years, or a criminal case to make it to trial. If you are in custody because you cannot pay bail or the court will not grant bail, entering into a plea agreement is one way to resolve your case quickly and at a decreased cost.
What Should I Do If I Was Offered a Plea Bargain in a Criminal Case in Las Vegas?
If you have criminal charges pending in Las Vegas and you have been offered a plea bargain, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.