Reasons to Accept a Plea Bargain. Withdrawing a Guilty Plea in a Criminal Case. Ineffective Assistance of Counsel in Plea Bargaining. How Judges Review Plea Bargains. Finalizing a Plea Bargain. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Alcohol Crimes. Parole and Probation. Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes. Derivative Responsibility for Crimes. And a no-contest plea will show up on a criminal record.
However, if the victim later sues the defendant in civil court, the no-contest plea often cannot be offered into evidence against the defendant as an admission of guilt. A guilty plea, on the other hand, does serve as an admission of guilt and can be introduced in civil cases as evidence against the defendant.
Note that no-contest pleas do sometimes count in civil court. A guilty or no-contest plea entered as a judge-approved plea bargain results in a criminal conviction; the defendant's guilt is established just as it would be after a trial.
The conviction will show up on the defendant's criminal record rap sheet. And, the defendant loses any rights or privileges, such as the right to vote, that the defendant would lose if convicted after trial. Depending on the nature of the conviction and the defendant's other interactions with the law, however, the defendant might be able to seal, or expunge, the criminal record. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. The Basics of a Plea Bargain. Plea bargains, also called negotiated pleas or just "deals," are the way most criminal cases end up.
Nobody knows for sure what to expect from a trial, and a defendant could get a result from a jury that is worse than what a prosecutor offers. This can be attractive if the original charge carries substantial jail time and fines.
While many defendants can get out of custody by posting bail or obtaining a release on their own recognizance, some defendants will not be granted bail or will not be able to afford the bail amount.
This means that they will stay in jail until their case is resolved. An efficient resolution may be especially appealing to this type of defendant, since they may get out of jail much earlier with a plea bargain than they would if their case goes to trial.
Sometimes a plea bargain will not include any jail time, or it may consist of time served. Even if it does include jail time, the sentence may be shorter than the time that the defendant would serve while waiting for trial.
If the defendant is ever charged with another offense, the prosecution and judge will review their criminal record. Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses. A criminal record can be an aggravating factor in sentencing for later offenses, so minimizing the number and severity of prior offenses can help a defendant avoid or reduce jail time down the road.
Deportation is a potential consequence of a guilty plea, so non-citizen defendants may be able to agree to plead guilty to a charge with a lesser likelihood of deportation. A defendant should ask an attorney who understands immigration law as well as criminal law to evaluate the specific facts of their case.
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects. In states that use a three-strike system, a plea bargain that reduces a charge from a strike to a non-strike may be attractive. Many types of criminal charges, such as sex crimes and domestic violence, carry a social stigma.
Because trials are unpredictable, accepting a plea offer gives the defendant more control over the outcome of the case. Defendants save money by not going to trial and will be released from jail sooner, as the case doesn't drag on.
Defendants can also avoid unwanted publicity, incur less serious criminal records helping future employment opportunities , and likely receive lighter sentences. Plea bargaining also comes with drawbacks, including that the defendant must plead guilty to a crime perhaps one they didn't commit for the benefit of the bargain. The plea negotiations can also reveal some of the defense trial strategies to the prosecutor.
If the prosecutor imposes a deadline, the defense might feel pressured to take the offer. Successful plea bargaining involves having good working relationships with opposing counsel, judges, and clients. Additionally, it means knowing the law , being familiar with the local court rules, and understanding the risks of trial. If you face criminal charges, contact a criminal defense attorney as soon as possible. Solid negotiating skills can affect the outcome of your case.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Lawyer Directory. Call us at 1 Plea bargains resolve the majority of criminal cases. Learn how the bargaining unfolds.
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