Researchers estimate that more than 90% of criminal cases end with plea deals. A plea deal is an agreement between a criminal defendant and a prosecutor. Usually, the defendant agrees to plead guilty in exchange for some benefit. The process of reaching an agreement is called plea bargaining.
Most defendants, whether facing charges like assault or theft, will have a plea offered at some point. Usually, there is some negotiation between the defense attorney and the prosecutor about what is or is not an acceptable plea deal. While plea deals can benefit certain defendants, there are many drawbacks. It is imperative that you fully understand a plea deal before accepting one.
When Does Plea Bargaining Occur?
Plea bargaining usually happens behind the scenes of a criminal case, but it can happen at any point in the process. Both sides can reach an agreement until the jury deliberates.
In most cases, the parties will begin negotiating soon after the defendant is arrested and arraigned. Prosecutors tend to want an easy resolution as soon as possible to ease their caseload.
Most defense attorneys will not advise their client to accept a plea deal until they can review the discovery. The defendant must understand the strength of the evidence against them to decide if a plea deal is in their best interest.
The parties may continue to engage in plea bargaining around the time of a preliminary hearing or in the weeks leading up to trial in an attempt to reach an agreement before risking everything at trial. Furthermore, either side could be playing hardball and rejecting offers to try to drag out the case to get a more favorable offer later.
What Is Included In A Plea Deal?
A plea deal includes a written document and a plea colloquy. The written document is similar to a contract. It outlines the agreement between the defendant and the prosecutor.
There is a great deal of leeway for what can be included in the actual agreement. Usually, the defendant pleads guilty in exchange for some benefit such as:
- Reduced charges
- Dismissed charges
- A definite or lenient jail sentence
- Enrolling in a rehabilitative program
- Probation instead of jail
Defense attorneys and prosecutors can be creative when crafting a plea agreement. Every defendant will have a different set of priorities. For example, some people may wish to serve jail time to avoid a felony conviction or to plead guilty to a more serious charge but completely avoid jail.
What Is A Plea Colloquy?
Another part of a plea deal is the plea colloquy, which is the verbal portion of the plea in front of a judge at the court hearing.
Essentially, the plea colloquy is a discussion between the judge and the defendant about the
plea. The judge must make sure that the defendant is knowingly, voluntarily, and intelligently pleading guilty. That means the defendant must fully understand what they are pleading guilty to and the rights they waive by accepting a plea deal.
During the plea colloquy, the judge may ask the defendant about:
- The defendant’s background, including education
- Whether they are under the influence of any drugs or alcohol
- If they understand the charges against them
- If they have had time to consult with their attorney about the case and the plea
- The rights that they are giving up by pleading guilty
- Whether or not they are being coerced into accepting the plea
- Immigration consequences of a plea
Most judges will accept plea deals. However, if a judge is concerned that a defendant doesn’t fully understand the plea, they may reject it. Furthermore, if the judge finds that the plea is unconscionable, they could reject it. This may happen in very serious cases if the judge finds the plea agreement too lenient.
What Are The Consequences Of Accepting A Plea Deal?
Accepting a plea deal has many potential benefits, but it also has many consequences. The main consequence is a criminal conviction. Furthermore, the defendant will waive rights afforded to them under the Constitution.
The rights include due process rights such as the right to:
- Trial by jury
- Confront witnesses
- Testify or remain silent
- Appeal the plea in most cases
- Have the case proven beyond a reasonable doubt
Additionally, there may be collateral consequences. These could include trouble finding a job, or housing, and loss of the right to vote or own a gun. Furthermore, a guilty plea may result in deportation or make one ineligible for lawful immigration status, depending on the charge. If you are not a citizen, you must speak with a lawyer to understand the potential immigration consequences of a plea deal before you accept it.
Contact Our Cleveland Criminal Defense Attorneys for a Free Consultation
You should always speak with an attorney at length about a plea deal before you decide to accept it. At The Elkhatib Law Office, our Cleveland criminal defense attorneys will protect your legal rights and help you negotiate a favorable deal. Call us at (216) 334-3444 for more information.
