MEANING AND PROCEDURE FOR PLEA BARGAINING

A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case where by the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.

A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time.

This information is absolutely vital for defendants trying to decide whether to accept a prosecutor’s offer of a “plea bargain.” This is important because there are many hidden implementations of pleading guilty which a self-represented defendant might never think about. A counsel has the responsibility of defending a legal system that guarantees the presumption of innocence and every citizen’s right to equal protection under the law.

Many criminal cases are resolved out of court by having both sides come to an agreement. This process is known as negotiating a plea or plea bargaining. In most jurisdictions it resolves most of the criminal cases filed.

Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial. The court system is saved the burden of conducting a trial on every crime charged.

Either side may begin negotiations over a proposed plea bargain, though obviously both sides have to agree before one comes to pass. Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution’s recommendation. Many plea bargains are subject to the approval of the court, but some may not be (e.g., prosecutors may be able to drop charges without court approval in exchange for a "guilty" plea to a lesser offense).

Other alternatives are also possible in the criminal justice system. Many states encourage diversion programs that remove less serious criminal matters from the full, formal procedures of the justice system. Typically, the defendant will be allowed to consent to probation without having to go through a trial. If he or she successfully completes the probation - e.g., undergoes rehabilitation or makes restitution for the crime - the matter will be expunged (removed) from the records.

A defendant cannot bargain on the issue of penalty which is exclusively determined by the presiding judge even though, it is the prosecutors that make sentence recommendation to the judge. The judge, however, is not bound to follow the prosecution’s recommendation. The judge must agree to the result of the plea bargain before accepting the plea. This implies that the judge reserves the prerogative to reject a bargain if he feels uncomfortable with it or if he is of the opinion that it was not intelligibly and voluntarily entered into by the accused. A guilty plea must be an informed choice entered into voluntarily by the defendant. Due process of law prohibits all the government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property.

One of the major advantages of plea bargaining is that it helps prosecutors and the Courts in the effective administration of justice. In all criminal prosecutions, the accused shall enjoy the right to a speedy trial because justice delayed is justice denied. The right to speedy trial cannot be compromised or negotiated away.

Types of plea bargain

There are three types of plea bargaining, two of which are most commonly used. A “charge bargain” occurs when the prosecutor allows a defendant to “plead guilty to a lesser charge,” or to only some of the charges that have been filed against him while a “sentence bargain” occurs when a defendant is told in advance what his sentence will be if he pleads guilty. ( click on any picture or link at the right or left hand side for more insight, please follow us twitter or like our page on facebook)

Follow @wingrassnews