If you have been charged with a crime your case will go through multiple steps in the judicial system. You will likely have an arraignment, a pre-trial hearing, a probable cause hearing, potentially a preliminary examination, and/or status conference. The majority of these hearings are scheduled to provide your criminal defense attorney and the prosecuting attorney an opportunity to discuss your case. So, what happens during those discussions?
Often times, discovery and evidence are discussed, along with motions and each individuals’ position on the case. But more importantly, plea bargaining happens during those discussions.
What is Plea Bargaining?
Plea bargaining is a process where your criminal defense attorney negotiates with prosecutors to try and get you into a better situation; whether that is negotiating for a lesser charge or a lighter sentence in exchange for a swift resolution to the case. This process of plea bargaining is grounded in the principles of efficiency and pragmatism. Plea bargains allow the courts to resolve cases without the need for each and every case to go to trial. The United States Supreme Court has upheld the legality of plea bargaining as a valuable and voluntary exchange that benefits all parties.
Plea bargaining can take many different shapes and forms. An individual may want their attorney to try and obtain a lesser or fewer charges; thus reducing the severity of the punishment. Alternatively, an individual may want their criminal defense attorney to argue for a specific sentence, such as reduced jail, no jail, reduced probation time, or potentially even no probation time.
How could a plea bargain help you?
For defendants, the advantages of plea bargaining can be vast. If a deal is negotiated, a defendant may receive the benefit of reduced charges (having a lesser impact o their criminal record. For example, if someone was charged with a felony offense, their criminal defense attorney may be able to negotiate the charge down to a misdemeanor charge, which has a much smaller impact on their clients’ life. They may receive a lighter sentence vs had they gone to trial and been found guilty. For example, their criminal defense attorney may have been able to negotiate a deal to keep them out of jail, even if their offense generally requires that jailtime be served. Depending on the case a skilled criminal defense attorney may even be able to negotiate some form of diversion or deferral program for their client. A diversion program or deferral program can often lead to the charges being dismissed all together at the conclusion of the court case. For example, if someone was charged with domestic violence, their attorney could negotiate for a program called 769.4A, commonly referred to as the spousal abuse act. This deferral program allows an individual to have the charge against them dismissed after a successful term of probation.
Plea bargaining offers certainty of an outcome provided by the plea bargain. It is a way for an individual charged with a crime to know what the outcome of their case is going to be, because they’ve made a deal for that outcome. It takes away a lot of the stress and anxiety many individuals face going into a jury trial where their fate is left up to 12 people that they have never met. Plea bargaining allows individuals to have a degree of control over their lives and the charges that they face. They can decide whether a plea bargain is something they want to accept, or reject.
No attorney can force an individual into taking a plea bargain. The ultimate right to go to trial lies with the individual charged with the crime. If the individual does not want to accept the plea bargain that was obtained they absolutely have the right to reject the offer and go to trial.
Criminal defense attorney’s responsibility is to act in the best interest of their clients and provide them with a clear understanding of their options and potential consequences. Your criminal defense lawyer should explain your options and what those options mean to you. Your lawyer should provide you with a comprehensive evaluation of the evidence against you and the legal circumstances that you face. Your criminal defense attorney’s focus, responsibility, and goals are to act in the best interest of you and to advocate for you.
Hire an Experienced Grand Rapids Criminal Defense Attorney
If you or a someone you know are facing criminal charges it is crucial to have an experienced criminal defense attorney by your side to navigate the court system. Tanis Schultz PLLC specializes in criminal defense and provide you the guidance and representation to navigate the complexities of the judicial system. Call us today, or contact us online, for a free and confidential consultation to discuss your rights and options.