Plea Bargain 101: Tips For First-Time Offenders

Any time you're facing a criminal charge, you have the option to potentially seek a plea bargain. One of the benefits of a plea is that you can sometimes get the initial charge reduced in exchange for your guilty plea, saving the court's time and possibly reducing your sentence. If this is your first time dealing with a criminal charge and plea negotiations, there are a few things that you should know.

Plea Bargains Aren't Guaranteed

One common mistake made by many first-time defendants is believing that a plea bargain is a guarantee. Not only does the prosecution not have to consider a plea, the judge has the ultimate say in whether or not the plea bargain is even acceptable. Even if you come to an agreement with the prosecution, the judge could still impose the sentence of their choosing instead. You can minimize the risk of this by working with your attorney to negotiate a fair and reasonable plea with the prosecutor before taking it to the judge.

Your Plea Deal Can Take Many Shapes

No matter what your situation, there are usually many different ways that you could negotiate for your plea deal. For example, not only could you negotiate a lesser charge, you might be able to get one charge dismissed in exchange for pleading guilty to the other or possibly negotiate to avoid jail time if you take a longer probation period. Don't lock yourself into one single deal. Talk with your criminal defense attorney about all of the possible options before you approach the prosecutor.

You Can Reach A Deal At Any Time

You and your attorney can approach the prosecutor at any time about making a deal. Sometimes plea negotiations are informal and happen in the courthouse hallway, while other times they are more formal negotiations or mandated by the court. Just remember that if you're going into the courthouse right before your hearing, don't jump into a plea bargain until you've seen that the officer involved is present. If the arresting officer doesn't show up for court, you may be able to get the charges dismissed entirely instead. Ask your attorney about confirming that the officer is there before you sign any plea deal.

These are just a few of the things you should keep in mind when you're trying to negotiate a deal in criminal court. Your defense attorney can help you with more guidance as well, especially if this is your first offense and you're unfamiliar with the process.


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