It is estimated that more than 90% of state and federal cases are resolved through the plea bargaining process. The reality is that most individuals do not end up going to a full trial after they are charged with a crime. Plea bargains can be beneficial, but they can also force someone into a sentence that they are not necessarily deserving of. Here, we want to discuss how you and your attorney could work towards the most favorable outcome for a plea bargain in Arizona.
What is a Plea Bargain?
A plea bargain is an arrangement between a prosecutor and a defendant, where the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. Often, this plea agreement after results and other charges being dropped.
On the surface, a plea bargain looks like it should be a good deal. It helps an individual facing charges avoid the costly expense of taking their case to trial while also helping them get a lesser charge, which means a lighter sentence. However, plea bargains often push people into accepting charges that they may otherwise be able to get thrown out.
It is critical for an individual to work with a skilled attorney who can try to get the most favorable outcome for a plea bargain in their case.
Getting a Favorable Plea
Securing a favorable plea bargain should always begin with having a skilled criminal defense lawyer by your side. Under no circumstances should you be the one handling any type of negotiation with the prosecutor. Additionally, some other factors that can help obtain a favorable plea include:
- Thoroughly examining strengths and weaknesses. You need to listen to your attorney, who can point out weaknesses in the prosecution’s case. Your attorney can introduce favorable evidence and other mitigating factors in your defense. If you have a skilled lawyer, they can leverage these factors against the recommended sentencing to obtain more favorable terms.
- Ensuring the terms are accurate and do not violate your rights. You need to make sure that the terms and the plea agreement are correct and reflect what was actually agreed upon. These terms should be constitutional and not violate your rights.
- Entering the plea bargain voluntarily. You must enter a plea agreement voluntarily. Plea agreements should not be accepted if you are being coerced.
- Understanding the plea bargain. It is crucial for you to thoroughly understand the terms of your plea agreement and the subsequent consequences of your play. A plea agreement will still result in a guilty plea, which will go on your criminal record. You will still face whatever sentencing is agreed upon.
- Understanding your right to withdraw a guilty plea. You have the right to withdraw from a plea agreement at any time before a judge approves it. After that, you can still make a motion for the plea to be withdrawn, and this can be filed at the judge’s discretion.
- Understanding your statements are protected. Anything you say during the plea bargaining process should not further incriminate you, and you need to make sure that any statements you make are not used to prosecute you if you decide not to go with the plea agreement. This is why it is crucial to have a skilled criminal defense lawyer by your side who can protect your rights at every step along the way.
Contact a Criminal Defense Lawyer Today
If you or somebody you care about is facing criminal charges, whether a misdemeanor or a felony, we encourage you to reach out to an attorney as soon as possible. The sooner you have a skilled Chandler criminal defense lawyer by your side, the sooner you will be able to get through this and on with your life. A lawyer will use their resources to fully investigate the aspects of the charges against you. They will handle all communication and negotiations with other parties, including plea bargain negotiations. Do not let a public defender hold your fate in their hands – contact a criminal defense lawyer today.