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What is a Plea Deal?

An experienced criminal defense attorney can negotiate a successful plea deal. Most criminal cases are resolved by plea deals, which allow both the prosecutor and defendant to avoid the uncertainty and expense of criminal trials.

In most plea deals, the defendant agrees to plead guilty to one or more criminal charges. When a defendant pleads guilty, they admit to some specific criminal conduct to the court. Any guilty plea must be known and voluntary.

A knowing plea means that a defendant understands the terms and consequences of a guilty plea. A guilty plea is voluntary when no one coerces the defendant to accept it.

A defendant has a Constitutional right to a jury trial, meaning they can never be required to plead guilty to an offense.

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What Is a No Contest Plea?

In some plea deals, a defendant can plead no contest. In a no-contest plea, the defendant does not admit wrongdoing but chooses not to further contest the charge(s).

The court can accept this plea and treat the defendant as if the defendant pled guilty.

No contest pleas are allowed when:

• The defendant faces the potential for civil liability or
• If the defendant does not remember committing the crime due to some impairment

If a defendant later faces a civil lawsuit for the same alleged conduct, a plaintiff cannot use the defendant’s no-contest plea as evidence of guilt. However, if a defendant pleads guilty instead of no-contest, a plaintiff can use that plea in a civil trial to prove liability.

When Can Plea Deals Happen?

Plea deals can happen at any stage of a criminal case, before and even during a trial and before criminal charges are authorized.

In most cases, a plea deal is made before the trial date, as it is usually in everyone’s best interest to avoid the uncertainty and expense of criminal trials.

If a case does go to trial, parties can agree to a plea deal at any point until the court or jury reaches a verdict.

If a trial ends up in a hung jury, parties can make a plea deal before the court reauthorizes the charges.

California’s Proposition 8 Against Plea Deals for Certain Cases

In 1982, California voters passed Proposition 8, a law prohibiting plea bargaining between prosecutors and defendants after defendants were charged through an “information” or indictment.

An “information” document authorizes formal criminal charges against a defendant.

An indictment is a document that authorizes criminal charges against a defendant, but a grand jury issues it.

Under Proposition 8, plea deals are not allowed after an information or indictment is issued for specific cases, including:

• A serious felony
• Specific violent sex crimes
• Any felony alleging the use of a gun
• Any driving under the influence (DUI) offense

Plea deals for the charges listed under Proposition 8 continued despite the law’s passing. Prosecutors and defense attorneys started making their agreements earlier in the process.

Proposition 8 only banned plea deals after an information or indictment, not prior.

Don’t Take a Plea Deal Without First Speaking to An Attorney

You must have an experienced criminal defense attorney review your case before you agree to take any offered plea deals. We offer a free consultation so you can have your case reviewed and legal questions answered by an experienced professional.

What are the Advantages/Disadvantages of a Plea Deal?

Plea deals offer a pathway to resolve cases without the uncertainty of a trial. Understanding the pros and cons of accepting a plea deal helps you make an informed decision.

Advantages:

• Reduced Charges: A plea deal often results in lesser charges, leading to a lighter sentence.
• Quicker Resolution: Plea deals expedite the legal process, avoiding the lengthy duration of a trial.
• Certainty of Outcome: Accepting a plea deal provides a predictable result, reducing anxiety about the trial’s outcome.
• Lower Costs: Both the prosecution and defense save on legal and court fees.
• Less Stress: Avoiding a trial means less emotional strain for the defendant and their family.

Disadvantages:

• Admitting Guilt: Accepting a plea deal involves admitting guilt, which can have long-term consequences.
• No Trial: Defendants forgo their right to a trial, which might have resulted in acquittal.
• Permanent Record: A plea deal still results in a conviction, which remains on the defendant’s record.
• Possible Coercion: Defendants may feel pressured to accept a deal, even if innocent, to avoid harsher penalties.
• Limited Appeal: Once a plea deal is accepted, options for appeal are typically minimal.

Considering the advantages and disadvantages of plea deals helps defendants weigh their options with more insight.

Consulting with an experienced criminal defense attorney is essential to navigate this complex decision and ensure the best possible outcome.

The Consequences of Violating a Plea Deal

A plea deal is a binding agreement between the defendant and the prosecution. Both parties must adhere to its terms.

If either side fails to uphold their bargain, it can cause grave repercussions.

Defendant Violations:

• Reinstatement of Original Charges: If a defendant violates the terms of the plea deal, the prosecution may reinstate the original charges.
• Revocation of Benefits: Any benefits granted under the plea deal, such as reduced charges or lighter sentences, can be revoked.
• Additional Charges: Violating a plea deal may result in new charges being filed against the defendant, compounding their legal troubles.
• Loss of Credibility: Future negotiations with prosecutors may become more challenging, as violating a plea deal can damage the defendant’s credibility.

Prosecution Violations:

• Dismissal of Charges: If the prosecution fails to honor the plea deal, the court may dismiss the charges against the defendant.
• Enforcement of Agreement: The defendant can file a motion to enforce the plea agreement, compelling the prosecution to uphold their end of the deal.
• Withdrawal of Plea: The defendant may withdraw their guilty or no contest plea and proceed to trial.
• Court Sanctions: The court may impose sanctions on the prosecution for failing to adhere to the plea agreement, potentially affecting the prosecutor’s reputation and future cases.

Violating a plea deal undermines the legal process and can lead to severe consequences for both parties.

To avoid these repercussions, the defendant and the prosecution must understand and fully comply with the terms of their agreement.

The Role of Your Criminal Defense Lawyer in a Plea Deal

A lawyer plays a pivotal role in the plea deal process, guiding the defendant through complex legal terrain and ensuring their rights are protected.

Here are a few functions a lawyer performs in plea negotiations:

• Assessing Evidence: Lawyers review the evidence against the defendant to determine the strength of the prosecution’s case.
• Identifying Defenses: They identify potential defenses and assess the likelihood of success at trial versus accepting a plea deal.
• Negotiating Terms: Bargaining with Prosecutors: Lawyers negotiate with the prosecution to secure the best possible terms for the defendant, such as reduced charges or lighter sentences.
• Presenting Counteroffers: They present and negotiate counteroffers to ensure a fair agreement.
• Protecting Rights: Ensuring Voluntariness: Lawyers ensure the defendant’s plea voluntarily, without coercion or undue pressure.
• Understanding the Deal: They ensure the defendant fully understands the terms and implications of the plea agreement.
• Court Representation: Plea Hearing: Lawyers represent the defendant during the plea hearing, ensuring the plea is entered correctly and advocating for the agreed-upon terms.
• Sentencing Advocacy: They advocate for the agreed sentence or argue for leniency based on mitigating factors.
• Post-Plea Support: Compliance Assistance: Lawyers help the defendant understand and comply with any conditions of the plea deal.
• Addressing Violations: If issues arise, lawyers address any violations of the plea agreement and represent the defendant in subsequent legal proceedings.

A lawyer’s invaluable legal knowledge can help you navigate the plea deal process, ensuring the defendant makes informed decisions and receives fair treatment.

Negotiating a Plea Deal and the Factors That Could Influence Acceptance

Step 1: Case Evaluation The defense attorney thoroughly reviews the evidence, assesses the strengths and weaknesses of the prosecution’s case, and discusses possible defenses with the defendant. This evaluation helps determine whether negotiating a plea deal is a viable option.

Step 2: Initial Discussion The defense attorney initiates informal discussions with the prosecutor to explore the possibility of a plea deal. They discuss the charges, potential penalties, and the desired outcomes for both parties.

Step 3: Formal Negotiation Both parties enter formal negotiations. The defense attorney advocates for the best possible terms for the defendant, such as reduced charges or a lighter sentence.

Step 4: Agreement Drafting Once the parties reach an agreement, the defense attorney and prosecutor draft the plea deal, outlining the specific terms and conditions. This document must be clear and precise to avoid any misunderstandings.

Step 5: Defendant Consultation The defense attorney reviews the plea deal with the defendant, ensuring they fully understand the terms, consequences, and their rights. The defendant must decide to accept or reject the deal.

Step 6: Presentation to the Judge If the defendant accepts the plea deal, the agreement goes before the judge in a plea hearing. The judge reviews the terms, ensures the plea is voluntary, and may ask the defendant questions to confirm their understanding.

Step 7: Judge’s Approval The judge decides whether to accept or reject the plea deal. If accepted, the judge will impose the agreed-upon sentence or terms. If denied, the case may proceed to trial, or the parties may renegotiate the plea deal.

Factors Influencing the Acceptance of a Plea Deal

• Strength of the Prosecution’s Case: The likelihood of a conviction at trial significantly influences the decision to accept a plea deal. If the prosecution’s evidence is strong, the defendant may be more inclined to accept a deal to avoid a potentially harsher sentence.
• Severity of the Charges: Defendants facing severe charges may prefer a plea deal that reduces or mitigates the penalties.
• Defendant’s Criminal History: A defendant’s criminal record can impact plea negotiations. Extensive records may net less favorable deals, while first-time offenders might get more lenient terms.
• Potential Penalties: A significant factor is the possible sentence if convicted at trial. Defendants may accept a plea deal to avoid the risk of a harsher penalty, mainly if the plea offer includes probation or a shorter sentence.
• Mitigating Circumstances: The defendant’s personal history, mental health, and circumstances surrounding the offense can influence the plea deal.
• Victim Impact: The victim’s views and interests can affect plea negotiations.
• Public Interest: In high-profile cases, public interest and media attention can influence the terms and acceptance of a plea deal. Prosecutors may seek a resolution that aligns with public expectations and maintains confidence in the justice system.
• Defendant’s Willingness to Cooperate: Defendants who agree to cooperate with law enforcement or provide valuable information may receive more favorable plea deals in exchange for assistance.

Hire a criminal defense lawyer to assess your case before pleading guilty or no contest to any charges. A criminal defense lawyer can protect your rights and help you determine whether you deserve better than what the prosecutor has offered you. If so, they can fight for a better plea deal.

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