Taking any case to court is often a long, unpleasant and tiring process. Thus, both parties involved in a criminal case at times, do prefer to avoid the whole court system. With a plea bargain, however, both parties might not get what they want. However, it is a viable option for quite a lot of people.
We will discuss the basis of a plea bargain and the benefits to both parties. We will discuss the pros and cons and the motivations for accepting a plea bargain to all parties involved in the process.
When the defendant and prosecutors meet outside the courtroom to try the settle their case is called a plea bargain. For a plea bargain to be successful, there are some sessions of negotiations involved. Thus, the defendant will either plead guilty to a minute sentence.
The prosecutor after taking the agreement to the judge waits for the approval. Should the judge approve the prosecutor’s charge, the plea bargain is legally binding. While most plea bargain still depends on the court ruling, there are few exceptions.
The benefits of having a plea bargain are pretty obvious – both parties can avoid the costly and lengthy process of having a court case. The risk of a more severe punishment is reduced. Also, the court system benefits from a plea bargain since it removes the need to hear and decide on every case.
The major con of a plea bargain, however, is that the defendant is not subjected to an innocent verdict in most cases. This is still a much-preferred alternative in many criminal cases due to the fact that the chance of being pronounced innocent is pretty slim. Plea bargains are beneficial to all parties involved. If you have questions about your case or you need bail or advise before proceeding, get in touch with Mike Snapp Bail bonds in Orlando.
While quite a number of people criticize plea bargaining, over 90% of criminal convictions arise from negotiated pleas. This means that less than 10% of all criminal cases actually get to the front of a judge. The incentives behind plea bargaining are pretty complicated and have nothing to do with either party’s guilt or innocence. The plea bargaining process can begin as early as after securing bail bonds in Orlando.
We discuss how the plea bargain affects the various players in the criminal court system as well as the pros and cons of each arrangement.
The main advantage or reason why a judge will accept a plea bargain is to remove the need to have to hold a trial in the courtroom which is already overcrowded. Also, Judges are aware of the fact that prisons hold too many people hence they agree to process out offenders that might not spend much time in jail. In other words, with a plea bargain, there is an effective use of limited resources as well as bringing about a more judicial economy.
The con to this, however, is the fact that the defendant might be under-compensated. This is due to the fact that they lack the necessary funds to afford a proper defense system.
The sound of a having a lightened caseload is pretty attractive to a prosecutor. However, a plea bargain even if it applies to a lesser crime or charge, assures a conviction. Thus, irrespective of the strength of the evidence, the case is not a foregone conclusion.
With plea bargaining, a prosecutor can further their case against the defendant. A plea bargain might be accepted from a defendant as a result of damaging testimony against another. This gives the assurance of a conviction with improved chances of winning a conviction against the next defendant.
To a defendant in the criminal case system, plea bargain gives the chance for a less severe sentence on a light charge. With a plea bargaining system, the defendant gets less serious offenses listed on his or her criminal records. Should they be represented by a private counsel, the defendant is spared of the cost that comes with a long trial system when a plea bargain is accepted.
This is the issue with the plea bargaining system – the defendant, even if he was not really guilty of the charges, will have to take the lighter sentence. They cannot exert their constitutional right to be subjected to a fair trial since they cannot afford a real legal defense.
Accepting a plea bargain is not always an easy one. It will have to do with the very details of the case, your criminal history, your financial standing and quite a lot of other factors. What you are being offered also has a lot to do about it.
In fact, if you are a licensed professional and a felony conviction could take away your license, going for a plea bargain will give you the chance to maintain your license and keep your means of livelihood.
Also, we would like to inform you here that pleading guilty to a crime you never committed could be disastrous. This is why you have got to be pragmatic and consult your attorney he will be able to give you a fair assessment of your chance at trial. Although, the final decision lies with you.
The decision to accept a plea bargain is a pretty difficult one. Although, the plea bargain might give you a very fair penalty that what you will have at a conviction. However, the plea bargain might leave you with a criminal record which might hurt you in the future, especially if you are not guilty of the allegations.
Being aware of your chances of success at a trial is vital to making a decision. Get in touch with an experienced criminal defense attorney. In any case where you get arrested, you need to secure bail bonds in Orlando before you can even get an attorney to start a plea bargain. Contact us at Mike Snapp Bail bonds in Orlando for quick processing of bail bonds in Orlando.