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Plea bargaining - the practice of offering concessions to defendants in exchange for pleading guilty to one or more criminal charges - is hotly contested, both among lawyers and judges and by defendants in criminal cases. On the one hand, this practice saves the state a lot of money and can help defendants receive lesser punishments. It is also regarded as "justice for sale," and can cause the defendant to lose any chance of being judged innocent. Here's a look at plea bargaining from a criminal defense perspective.

Types

If you're discussing a plea bargain with your criminal defense lawyer, you should understand the basics of the process. It can be divided up into four major categories: charge bargaining, count bargaining, sentence bargaining, and fact bargaining.

The first allows you to plead guilty, but to a less serious crime than the one with which you were originally charged. The second lets you plead guilty to some of the original charges but not all of them. The third lets you know what specific sentence you're likely to receive in exchange for a guilty plea. The last allows you to plead guilty based on specific facts, such as the lack of a past criminal history.

Benefits of Plea Bargaining

From a criminal defense perspective, the major benefit of a bargaining is to take away the uncertainty of a trial. Bargaining also helps you ensure that you will not receive the maximum sentence for the crimes with which you have been charged. It can benefit you if you feel as though the trial evidence is stacked against you, even if you did not commit the crime. This is often the case in areas where a jury may be prejudiced against the defendant. From the perspective of the justice system, plea bargaining helps reduce or eliminate the time taken up by a trial, freeing space on the docket for other cases.

Problems with Plea Bargaining

If you know you're innocent and you choose a plea bargain, you will go to jail or pay a fine for a crime you didn't commit. You'll also get a criminal record that you cannot easily erase. Plea bargaining does not offer many benefits to defendants who have any chance of being found innocent. It can also encourage police to engage in shoddy investigations, and cause criminal defense lawyers not to bother preparing a quality case. Because the parties rely on their ability to make a deal instead of winning the trial, the justice system can suffer.

When You Reach an Agreement

If you do decide to bargain, it may take a while to come up with an agreement that suits both parties. Once you find an option that both parties can agree upon, the plea bargain must be entered into the court record in front of a judge. The judge then issues the sentence without consulting a jury. Both sides must legally fall all the terms of the plea bargain from this point on. If either side violates the agreement, it may be necessary to go back to court.

If you are being accused of a crime in Michigan you need a criminal defense lawyer Oakland County or a criminal defense lawyer Macomb County to help you through the process. You should consider Bloomfield Law Group. We have over 20 years of experience in Michigan fighting cases just like yours. You can visit our site today and learn more about criminal proceedings.

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