What are the legal implications of plea bargains for defendants?

What Is a Plea Bargain?

The term “plea bargain” describes an arrangement usually negotiated between a prosecutor and the defendant’s legal counsel. The defendant agrees to plead guilty or no contest to a lesser charge in exchange for a compromise from the prosecution. Prosecution concessions could be the agreement to drop other charges or a promise not to pursue harsher sentencing at trial.

Why Are Plea Bargains Used?

Courts in the United States, particularly the Louisiana court system, were created to provide justice for all and equality under the law. These ideals are often plagued by a flawed and overburdened system that makes settling on a plea bargain favorable in many cases.

The Sixth Amendment of the U.S. Constitution guarantees:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

When the caseload of district judges and public prosecutors is high, it may be to their advantage, as well as the defendant’s, to settle out of court.

What Are Some of The Potential Benefits of Accepting a Plea Bargain?

When you or a loved one is faced with criminal charges, the biggest concern is how to be released from incarceration and return to your life as soon as possible. Here are some of the reasons having a criminal defense attorney negotiate a plea bargain on your behalf could be beneficial:

• Increased Speed: The traditional trial by jury has benefits but may take a long time to resolve. The steps of jury selection, opening arguments, presentations by the prosecution and defense, closing arguments, and the final deliberation and verdict can take months and even years to conclude a criminal case. A plea bargain can be entered at any time during the trial or before it is started and may significantly reduce the time required.
• Reduced Charges or Sentence: As a plea bargain offers the prosecution the possibility of an “easy” solution to a case, the defense can negotiate a reduced sentence. This could include pleading guilty to a lesser charge, such as a misdemeanor rather than a felony, or seeking less or no jail time with an agreement to commit to community service.
• Certainty of Results: Trial by jury can make case outcomes uncertain. By entering a plea bargain, defendants can avoid the possible harshness of a trial verdict and settle with a potentially lesser punishment that provides predictability.
• Voluntary Agreement: In Louisiana, as in other jurisdictions, a defendant must be fully informed of the nature of the charges, the consequences of pleading guilty, and what rights will be waived to enter into a plea bargain. The negotiation can only be completed with the defendant’s full understanding and consent.

In all plea bargains, a judge will review the terms to ensure they are fair before accepting and validating them as the official outcome of the legal proceedings.

What Other Plea Bargain Legal Implications Should I Be Aware Of?

Plea bargains offer several benefits but have legal implications that should be weighed during the decision-making process. Here are some points to keep in mind when considering a plea bargain:

• Limited Appeals: Unlike a trial case, the results are usually final after accepting a plea bargain. Part of the bargain often includes waiving your right to appeal the sentence; unlike a trial, you voluntarily plead guilty.
• Permanent Record: If you agree to plead guilty to criminal charges in exchange for a lesser punishment, your plea will still result in a conviction. This will give you a permanent criminal record. Depending on the crime, this record may affect your ability to find housing and employment opportunities. Other possible ramifications could include losing your voting and gun ownership rights.
• Potential Deportation: If you are a non-citizen charged with a serious crime, accepting a plea bargain in which you plead guilty may affect your immigration status. You could face deportation or become ineligible for certain benefits you previously had access to.
• Witness Cooperation: As part of a plea bargain, you could be asked to inform others to receive a lesser punishment. Cooperating with law enforcement or testifying may personally benefit you. Still, it is essential to weigh the potential consequences this might have for you and your family regarding future community relationships.

Before signing any bargain agreement, these implications should be thoroughly discussed with your Louisiana criminal defense attorney.

Can I Still Go To Trial After Accepting a Plea Bargain?

In accepting a plea bargain, a defendant usually voluntarily waives (gives up) their constitutional right to a trial by jury and their right to appeal the conviction. If you are innocent and believe you would be found “not guilty” of the criminal charges at trial, discuss your options with a criminal attorney before you accept a plea bargain, no matter the terms.

Do I Need to Hire a Criminal Defense Lawyer to Accept a Plea Bargain?

A plea bargain is usually discussed when a defendant seeks to avoid a more severe punishment. In such circumstances, it is easy to be taken advantage of by the prosecution when you do not know your rights and the legal options available. For this reason, hiring an experienced attorney who can fight for your freedom is strongly recommended.

Choose Wisely When Your Livelihood is at Stake

At Whiddon Criminal Defense, we focus on giving our clients the highest level of advocacy, both in and out of the courtroom. We focus on helping you get your life and freedom back as rapidly as possible, treating you with the courtesy and respect you deserve. That’s why we offer a free consultation. We are here to listen to you and discuss your legal options. Contact us any time to schedule an appointment at (318) 594-3592.bc