Criminal defendants all have the right to plead “not guilty” to the charges the state or federal government lodges against them. In some cases, the defense may prevail should the state fail to prove the case against them.
But in some cases, the prosecution has really strong evidence against the defendant. Maybe they were clearly caught on videotape or there are several witnesses prepared to give testimony identifying the defendant as the perpetrator.
Why the courts need plea bargains
If not for plea bargains, the crushing weight of the American justice system would slow to a glacial crawl. Justice for both victims and the accused would be delayed even longer than it can be right now. Plea bargains eliminate some of the legal logjams from the criminal justice system.
Is it time to seek a plea bargain?
It could be. Here is where criminal defendants often defer to the wisdom of their legal team. After all, through discovery they have access to all the evidence against their clients and know when plea bargains are likely the best possible outcome.
But there is a caveat to accepting a plea bargain.
Plea bargains don’t always exclude jail time
Depending on the offense, accepting a plea bargain could mean facing certain jail time. Since the defendants are the ones who will serve that time, they should be confident that this is the best possible outcome given the offense and evidence against them.
On the fence about copping a plea bargain? Your best offer may come at the beginning of the legal process, before the prosecution has expended much money or resources into prosecuting your case.
