Should You Accept A Plea Deal In A Criminal Case?
Plea bargaining is one of the more commonly used tools in the criminal justice system. Although it might not feel like the greatest thing to do, there are practical reasons why a criminal defense lawyer might encourage you to take a deal if one if offered. Here is a look at some of the issues a criminal defense attorney will consider before recommending a deal to a client.
Who's Making the Offer?
To be clear, it's important to distinguish between someone saying the court might go light on you if you do X and Y versus an actual plea deal. Police, for example, may throw this premise into their interrogations. It's not a real offer because a cop doesn't have the authority to make one.
Only the prosecuting attorney has the right to offer a plea agreement. Even then, they are only allowed to do so once they've obtained permission from their superior, usually someone in a position like a district, city, or county attorney. That's the person who operates the entire prosecutorial officer for whichever political entity charged you with the alleged offense.
Get It In Writing
No plea deal is really a deal until it appears in writing. Until then, it's just speculation. However, your criminal defense attorney is required by law to share all offers with you. Before you officially agree to anything, though, you'll want to see a written document that has the prosecutor's signature and the signature of their boss on it.
Understand What the Admission Is
The court will require affirmation that you understand the admission of guilt is for and what its implications are. Your lawyer will go over the details of what the deal entails with you before you sign.
For example, someone accepting a diversion agreement will enter a guilty plea that the judge might later dismiss contingent on compliance with specified terms. If you were involved in an alcohol-related fight, you might have to complete substance abuse counseling and anger management classes. Upon fulfillment of the terms, you'd have to notify the court and ask for the dismissal of the charge.
It's also important to understand what does or doesn't go on your record. For example, in a sex crime case, the difference between a requirement that you will register as a sex offender or not is a big deal in the long run. Discuss any concerns you might have about the implications with your attorney in detail before you sign.
Contact a firm like Cohen Law Offices, LLC to learn more.