It is estimated that approximately 90 to 95% of all criminal cases end with a defendant taking a plea deal. As a result, shockingly few cases ever make it to trial, regardless of the merits of a defendant’s case. But what is it that determines whether taking a plea deal is a good idea, and when is it potentially better to go to trial?
What is a Plea Deal?
A plea deal is, simply speaking, a deal between a criminal defendant and the prosecution agreeing on what charges the defendant will plead to, and what punishment they will receive as a result. Typically, the plea is worked out between the prosecutor and the defense attorney as the trial progresses, and can change depending on what evidence is uncovered and what is deemed admissible by the judge. Even once the defense and prosecution come to an agreement, however, the plea deal must still be approved by the judge before it becomes binding.
Why Do People Choose to Take a Plea?
Typically speaking, most people choose to take a plea because the charges you must plead to, and the associated penalties, are less than a person might suffer if they were to be convicted at trial. While a trial may allow someone to get away from criminal charges with no penalty at all, the vast majority of people prefer the relative certainty of a plea deal compared to the uncertainty of a trial. In addition, for defendants who are held in jail pending trial, taking a plea deal can be a way of getting out of jail early.
What Are the Disadvantages of a Plea Deal?
Even though a plea deal circumvents the process of going to trial, pleading to criminal charges has the same legal effect as being convicted at trial. It means you may spend time incarcerated, or be forced to report to a probation officer, or both. If you are placed on probation, you will need to adhere to the terms of your probation or face additional legal penalties. It also means you will need to report your criminal record on job applications, applications to colleges, and any other places where your criminal history is relevant.
How Should I Know if I Should Take a Plea Deal?
The decision about whether to take a plea deal or not is highly dependent on your individual circumstances, and should not be made lightly. That is why you should contact a New York criminal defense lawyer near you to discuss your case. They can help you come up with a litigation strategy and ensure you get the best possible outcome to your case.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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