Should You Accept a Plea Bargain In Your Criminal Case?

Once you are charged with a criminal offense there are only two ways the matter gets resolved by trial or by “plea bargain.”

People ask lawyers who practice criminal law “How can you represent a guilty person?” The answer is “Guilt is a conclusion reached at the end of a trial. Every defendant is presumed innocent before trial”.

The answer I always give is – I never ask. Most of the time. I never need to know.

To establish guilt a prosecutor has the legal burden of proving each and every element of a case beyond a reasonable doubt. If they cannot prove it the defendant is “not guilty.” A defendant is entitled to not testify at his own trial. Do people who have done bad things sometimes get away without consequence? Yes. The prosecutors “burden of proof” is great. In the vast majority of cases, however,  defendants voluntarily plead “guilty” when offered a negotiated “plea bargain.”

Why do people want to plea bargain?

There comes a moment in every case when the defense and the prosecutor have to realistically evaluate their chances of success. For a prosecutor the risk of losing, because an essential element of a case can’t be proven, is important. Missing physical evidence, or reluctant witnesses, can make proving a case difficult. On the defendant’s side, the risk of a large fine or jail sentence gives pause. No one knows what will happen at trial. Each side must balance the risks of trial against the penalty consequences of proceeding to trial. They do what every body does. They negotiate a compromise. The prosecution gets a penalty on a portion of the charge. The defendant gets a less then maximum penalty.

The judicial system would become overwhelmed if every defendant insisted on taking his case to trial. It would grind to a halt.

So are they good or bad?

News stories are published where a penalty imposed appears out of balance with the  nature of the charge. Inflammatory facts in a news article raise people’s anger at “the system”. The cause may be problems with a prosecutor’s ability to win the case at trial. Prosecutors are doing the best they can. Prosecutors can only play the hand they are dealt. Like it, or not, it is the standard our Constitution requires. Is the system perfect? No. The innocent will be found guilty sometimes.

For several hundred years no one has found a better system to resolve criminal disputes then a trial a jury of one’s peers. Jury trials balance individual rights protecting them from governmental over reaching.

In all criminal cases the leverage you have to negotiate a plea bargain requires a lawyer who is familiar with criminal defense. My office handles these matters on a regular basis and is available to assist should the need arise.  The Law Office of Theodore J. Koban, Attleboro, Massachusetts.