The Pros and Cons of Taking a Plea Bargain for a Criminal Charge

If you are arrested for an alleged criminal act, you will most likely be faced with the decision as to whether you should accept a plea bargain. While this may seem like a difficult decision, the fact of the matter is that an estimated 95% of all criminal cases end with the defendant pleading their charges. Here are the pros, and cons, of taking a plea bargain:

The Pros

There are a number of potential reasons why people choose to take a plea bargain instead of fighting all the way to trial. These include:

1. Plea bargains tend to involve less severe punishments than someone would face if they went all the way to trial. This means less time spent behind bars, and also potentially less severe consequences after finishing their sentence.
2. Taking a plea bargain is, to put it simply, quicker and easier than fighting your charges all the way to trial. Depending on the severity of your charges, you might spend more time fighting your charges than you would serving out your sentence.
3. A plea bargain is a guaranteed sentence, whereas the outcome of a trial can be difficult to predict. For many people, they prefer to take the unpleasant certainty of a plea deal over the uncertainty of a trial.

The Cons

    There are also plenty of reasons that you might want to consider avoiding a plea bargain, even if it seems like a good idea at the time. These include:

1. A plea bargain is considered legally equivalent to a conviction. This means you could face significant legal, financial, and personal consequences for taking a plea deal, even if you do not ultimately spend much time, or any time, incarcerated.
2. Once you take a plea deal, your case is over. You do not get any more opportunity to collect evidence, argue your case, or exercise your rights. While you may be able to appeal your plea deal later, it is much harder than if you argued your case at trial.
3. You lose the chance at potentially acquitting yourself at trial, which would keep you from suffering any further legal issues from your charges.

Is a Plea Bargain Right For You?

Ultimately, the decision about whether or not to take a plea deal is very personal. What makes sense for one person may not make sense for others. That is why you should make sure to speak to a lawyer with experience handling criminal defense cases, who can assist you on making these kinds of critical decisions, so you wind up with an outcome that works best for you.

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.