When facing criminal prosecution in Florida, you and your attorney may pursue a favorable resolution to your charges by entering a plea bargain with the prosecution.
A plea bargain is an agreement between you and the prosecutor that resolves your criminal case before trial. In a plea bargain, you agree to plead guilty to one or more criminal charges in exchange for the prosecutor agreeing to reduce or drop charges or to make a favorable sentencing recommendation to the judge. In most cases, the prosecution will make an initial plea offer, which may lead to both sides negotiating terms of a mutually acceptable plea deal. The court must review and accept the terms of a plea deal to ensure its fairness and confirm that you have intelligently, knowingly, and voluntarily pleaded guilty.
Benefits of Plea Bargains
When you face a solid prosecution case, you may achieve various benefits through plea bargaining, such as:
- Reduction in Grading of Charges – Prosecutors may agree to reduce the type or grading of a criminal charge, which can lead to a lesser sentencing range. Alternatively, prosecutors may agree to dismiss some charges in exchange for your pleading guilty to others.
- Lighter Sentences – Plea bargains typically involve sentences at the lower end of the potential sentencing range.
- Avoiding the Stress and Uncertainty of Trial – A plea deal helps you avoid the anxiety of a criminal trial and the anticipation of a jury and judge’s decision.
Plea bargains also benefit prosecutors’ offices, including by saving time and resources by avoiding trial and ensuring accountability for criminal offenses by avoiding a potential not guilty verdict by a jury. Courts also benefit from plea bargains by reducing the backlog on their dockets.
Drawbacks of Plea Bargains
Some of the downsides or challenges of plea bargaining include:
- Pressures to Accept Plea Deals – You may feel pressure from the prosecutors, your defense attorney, or your family and friends to accept a plea offer, even if you know you didn’t commit the crime. Facing prosecution may make a conviction seem inevitable, which may induce you to plead guilty to crimes you did not commit just to move past the case.
- Loss of the Right to a Jury Trial – By pleading guilty, you give up your right to a jury trial to force the prosecution to prove its case beyond a reasonable doubt. Pleading guilty also severely limits your ability to assert your innocence later.
- Limited Appellate Rights – Plea bargains typically include appeal waivers. Although you may negotiate the scope of an appeal waiver to allow you to challenge specific aspects of the trial court proceeding, you usually can only appeal the legality of your conviction and sentence if you plead guilty under a plea deal.
- Public Criticism – The public may view your accepting a plea deal as an admission of guilt, even if you maintain your innocence. This can lead to negative perceptions, damage to your reputation, and long-term social consequences, regardless of the actual outcome or legal resolution.
Factors Affecting Plea Bargaining
Various factors will affect how prosecutors negotiate a plea bargain, such as:
- The Type and Nature of the Offense – Prosecutors may negotiate more vigorously and demand harsher sentences for violent crimes. The law may also restrict prosecutors’ discretion in negotiating plea bargains, including the ability to agree to reduce the severity or grading of charges.
- The Defendant’s Criminal History – If you have prior convictions, you may receive less favorable plea offers due to prosecutors’ unwillingness to offer lenient terms to people who repeatedly commit crimes.
- The Strength of Each Side’s Case – If you have a stronger case, prosecutors may offer more favorable plea terms due to the fear of losing at trial. Conversely, when prosecutors know they have a strong case, they may negotiate harder for a longer sentence.
- Public Interest and Media Attention – Unfortunately, high-profile cases can limit prosecutors’ ability to offer more favorable plea deals to avoid public scrutiny or outcry over the prescription of leniency on crime.
Contact a Criminal Defense Lawyer Today
A plea bargain can offer you a path toward a fair and favorable resolution to your charges following an arrest in Panama City, FL. Contact The Sombathy Law Firm today for a confidential consultation with an experienced criminal defense attorney to learn more about the plea bargaining process in Florida.
