If you’ve been charged with a crime, one of the most important decisions you may face is whether to accept a plea bargain or take your case to trial. As a former prosecutor turned criminal defense attorney with years of experience as part of the legal team at Lamano Law Office, I’ve seen both sides of the plea bargaining process. I understand how difficult this decision can be for those facing criminal charges, and it’s crucial to make an informed choice based on the specifics of your case.
Let’s break down the essentials of plea bargains, discuss their pros and cons, and explore when it might be better to accept a deal or go to trial.
What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty (or no contest) to a criminal charge in exchange for a reduced sentence, lesser charges, or the dismissal of some charges. Plea bargains are common in the California criminal justice system and account for the resolution of the majority of criminal cases.
There are three primary types of plea bargains:
- Charge Bargaining: The defendant pleads guilty to a lesser charge (e.g., reducing a felony to a misdemeanor).
- Sentence Bargaining: The defendant pleads guilty in exchange for a lighter sentence than what they would likely face if convicted at trial.
- Fact Bargaining: The defendant agrees to stipulate to certain facts to avoid more severe charges or penalties.
Plea bargains can offer a way to avoid the uncertainties of a trial, but they are not always the right choice. Understanding the advantages and disadvantages is key to making the best decision for your case.
Pros of Accepting a Plea Bargain
Reduced Penalties
One of the main benefits of accepting a plea bargain is the potential for a lighter sentence. For example, instead of facing several years in prison for a felony, a defendant may plead to a misdemeanor and receive probation or a much shorter jail sentence. Prosecutors often offer plea deals to resolve cases more quickly, and in return, defendants receive a more lenient outcome than they might after a conviction at trial.
Certainty of Outcome
Trials are unpredictable, and even with a strong defense, there’s always the risk of being found guilty. By accepting a plea deal, you avoid the uncertainty of a trial verdict. You’ll know exactly what charges you’re pleading to and what the consequences will be, allowing you to plan for the future.
Avoiding a Lengthy Trial
Going to trial can take months or even years, especially in complex cases. Plea bargains often allow defendants to resolve their cases much more quickly, avoiding the stress and costs associated with a drawn-out legal battle. This can be especially important for individuals who want to move on with their lives without the disruption of a trial hanging over them.
Reduced Legal Costs
Trials can be expensive, with costs including attorney fees, expert witnesses, and other trial-related expenses. By resolving the case through a plea bargain, you may save significant legal costs. While it’s never ideal to base decisions solely on financial considerations, this is a factor that can’t be ignored, particularly in protracted legal battles.
Potential for Expungement
In California, some offenses can be expunged (removed from your record) after you successfully complete probation. Accepting a plea deal to a lesser charge may improve your chances of qualifying for expungement in the future, helping you clear your record and reduce the long-term impact of the conviction.
Cons of Accepting a Plea Bargain
Admitting Guilt
When you accept a plea bargain, you are typically required to plead guilty or no contest to the charges. This means that you are accepting criminal liability, which will go on your permanent record. This can have long-term consequences, such as difficulties finding employment, obtaining housing, or keeping a professional license, even if you received a lighter sentence than you might have after a trial.
You May Be Giving Up a Strong Defense
In some cases, the evidence against you may be weak, or you may have strong legal defenses that could lead to an acquittal at trial. Accepting a plea deal means forfeiting your right to present your case to a jury and potentially clear your name. If you have a solid defense or if there are serious flaws in the prosecution’s case, going to trial may result in a more favorable outcome than a plea bargain.
Waiving Your Right to Appeal
By accepting a plea deal, you typically waive your right to appeal the conviction. This means that if there were errors in the legal process or constitutional violations, you may not have the opportunity to challenge the conviction later. In contrast, if you go to trial and are convicted, you retain the right to appeal the verdict or seek a reduction in your sentence.
Potential for Unfair Pressure
In some cases, prosecutors may use the threat of harsher penalties to pressure defendants into accepting a plea deal, even if they are innocent or have valid defenses. This can create a difficult situation for defendants who fear the consequences of a trial but also want to maintain their innocence.
When Should You Accept a Plea Bargain?
Determining whether to accept a plea bargain or go to trial depends on the specific facts of your case, the strength of the prosecution’s evidence, and your personal goals. Here are some scenarios where accepting a plea bargain might make sense:
When the Evidence Against You Is Strong
If the prosecution has solid evidence against you, such as eyewitness testimony, video footage, or forensic evidence, taking a plea deal might be the best option. This is especially true if the plea bargain offers a significantly reduced sentence compared to what you might face after a conviction at trial.
When You Want to Avoid the Risk of a Harsh Sentence
Trials are inherently risky. Even if you believe you’re innocent, there’s no guarantee that a jury will see things the same way. If the potential sentence after a conviction is severe—such as lengthy prison time, steep fines, or other harsh penalties—accepting a plea deal with a more lenient outcome may be the safer choice.
When You Want to Resolve the Case Quickly
If resolving your case quickly is a priority—for example, to maintain employment or minimize the disruption to your personal life—a plea bargain can offer a faster resolution than going to trial. Trials often take months or even years to conclude, and the uncertainty can weigh heavily on you and your family.
When You Can Plead to a Lesser Charge
If your attorney can negotiate a plea to a lesser charge—such as reducing a felony to a misdemeanor—it might be worth accepting the deal. A misdemeanor on your record carries far fewer long-term consequences than a felony and can make it easier to move forward with your life after the case is resolved.
When Should You Go to Trial?
There are certain situations where it might be better to reject a plea deal and take your case to trial:
When the Evidence Against You Is Weak
If the prosecution’s case is based on circumstantial evidence, unreliable witnesses, or questionable legal procedures, your attorney may advise you to go to trial. A skilled defense criminal defense attorney can challenge the evidence, cross-examine witnesses, and raise reasonable doubt, increasing your chances of an acquittal.
When You Have a Strong Defense
If you have a solid alibi, witnesses to back up your story, or evidence proving your innocence, taking the case to trial might be in your best interest. At trial, you have the opportunity to present your defense and challenge the prosecution’s case in front of a judge or jury.
When Clearing Your Name Is a Priority
For some people, clearing their name is more important than avoiding a trial. If accepting a plea deal means admitting guilt to something you didn’t do, or if the charges carry serious social or professional stigma, you may decide that going to trial is worth the risk to maintain your reputation and integrity.
Consult with Your Attorney
Whether to accept a plea bargain or go to trial is one of the most critical decisions you’ll face in the criminal justice process. Every case is different, and there is no one-size-fits-all answer. The best way to make an informed decision is to consult with an experienced criminal defense attorney who understands the nuances of plea bargaining and trial strategy.
At Lamano Law Office, we have the knowledge and experience to carefully evaluate your case, weigh the pros and cons of accepting a plea deal, and provide you with the guidance you need to make the best decision for your future. Whether we negotiate a favorable plea or fight for your innocence at trial, we are committed to protecting your rights every step of the way.
If you or a loved one has been charged with a crime and are considering a plea bargain, contact Lamano Law Office for a consultation today. We’ll help you understand your options and guide you through this challenging process with confidence.
