01 Oct What a Plea Deal Means in a Criminal Case
Plea deals, plea bargains, or negotiating a plea—no matter how you phrase it, these terms all refer to agreements between the prosecution and the defendant. Accepting a plea deal can help you avoid a harsh sentence or a costly trial, but it does mean a criminal conviction.
In a plea deal, the defendant agrees to plead guilty to the charges against them, or to provide information or give testimony in exchange for a lesser sentence. Let’s take a closer look at how plea bargains work in Arizona, and how they might affect a criminal case.
Making a Plea vs. Accepting a Plea Deal
Making a plea at an arraignment means admitting guilt or denying it. There are three types of pleas you can make at an arraignment: guilty, not guilty, or no contest. After the plea has been made, the court will either proceed to sentencing or a trial.
A plea bargain is where you will admit guilt in exchange for something from the prosecution. This can look like lessening the charges from a felony to a misdemeanor, lowering the number of charges, or accepting a reduced sentence.
When Should You Take a Plea Deal?
Taking a plea deal is often the right choice for those looking to avoid trial, or for those who are facing significant time behind bars. Accepting a plea deal is typically faster than a trial, and sentencing may be more lenient as well.
A plea bargain can reduce the severity of the charges, the number of the charges, or the length of your sentence. However, in every case, accepting a plea deal will mean having a criminal conviction on your record.
How a Plea Deal Affects Your Case
Lesser Charges
Some plea deals might consist of lessening the charges, such as reducing them from a felony to a misdemeanor. For example, the prosecution might offer to reduce a charge of first-degree murder to second-degree murder in exchange for the defendant testifying against their accomplices.
Decreased Number of Charges
When the defendant is facing multiple charges, the prosecution might offer to decrease the number of charges in exchange for a guilty plea.
Leniency in Sentencing
During sentencing, a judge will decide on the length of incarceration and on the amount of the fines or restitutions that must be paid. Plea agreements can offer lower sentencing guidelines, recommendations for rehabilitation programs, or even terms of probation instead of incarceration.
How Do I Get a Plea Deal in Arizona?
Only the prosecution can offer a plea deal. Offers from other parties are not valid, unless they have already been approved by the prosecution. This one reason is why having a lawyer present is essential if the police are questioning you. Your lawyer will be able to tell you if the offer on the table is legitimate or not.
Your lawyer might also suggest negotiating with the prosecution if a plea bargain will provide the best outcome for your case. The prosecution will ask you to plead guilty to the reduced charges, and in some cases they will ask for additional information or for your testimony against another person.
However, even when the prosecution offers a plea deal, the judge will still have the final word. If the plea deal is rejected by the judge, you will be able to withdraw your guilty plea and go to trial instead.
Never Accept a Plea Bargain without Consulting an Attorney
If you have been offered a plea deal, consulting a lawyer is an important next step. Plea bargains can be tricky, and may require negotiation. A certified criminal defense attorney like Todd Coolidge can help you understand all the details and make sure you get the most out of a plea deal.
If you are facing criminal charges and want to secure the best outcome for your case, contact us today to schedule a consultation.
Images used under creative commons license – commercial use (9/30/24). Photo by Cytonn Photography on Unsplash.