Defendants often turn to our highly experienced Los Angeles criminal defense law firm when they are considering whether to accept a plea bargain offered by the prosecutor. This is a complex decision that depends on various factors, and our team of seasoned attorneys is here to provide expert guidance.
The vast majority of criminal charges in California are resolved through plea bargaining. So, what exactly is a “plea bargain?” It's an agreement for a criminal defendant to plead guilty in court on their charges in exchange for the prosecutor reducing or dismissing some charges, or they will agree to make a recommendation to the judge for a lighter sentence
For example, in DUI cases in California, it's common for someone to agree to plead guilty to a reckless driving charge, which will carry fewer penalties than a conviction for driving under the influence.
A plea bargain usually means a defendant must plead “nolo contendere” or “no contest.” This means the defendant does not admit or deny the charge but accepts the penalties because there is enough evidence for a conviction. Accepting a plea bargain could happen at any point in the criminal case process.
For example, many plea agreements are reached immediately after the arraignment. Others occur right during jury deliberations while a defendant waits for a jury to return a verdict.
A plea bargain is frequently a quick way to resolve a criminal case, and both the defendant and prosecutor can achieve the desired outcome.
By accepting a plea bargain, a defendant can often avoid the most severe penalties and save a significant amount of money in lawyer fees and fines. This can provide a profound sense of relief and a fresh start, allowing you to move forward from the legal process with a renewed sense of hope and optimism.
On the flip side, the prosecutor, whose job function is to punish a defendant for committing a crime, also benefits from a plea bargain. Not taking the case to trial saves the court time in their busy calendar, and it allows the prosecutor to secure a conviction without the uncertainty of a trial outcome.
Below, our Los Angeles criminal defense attorneys will review the most common considerations on whether a defendant should accept a plea bargain offered by the prosecutor.
What is the Strength of the Prosecutor's Criminal Case?
One of the primary factors to consider when deciding whether to accept a plea bargain is the strength of the prosecutor's case. Is there a high likelihood that a jury would convict you?
If the prosecutor's case against you is weak, then it just makes sense that you should probably not accept a plea bargain. However, a prosecutor won't typically file a weak criminal case.
If you are charged with a felony crime and the evidence is weak, the case could be dismissed at the preliminary hearing, where probable cause is reviewed.
This means that your criminal defense attorney needs to thoroughly review your case and evidence to determine whether they can persuade a jury that you are not guilty.
If it is determined that the prosecutor holds sufficient evidence that would most likely result in a conviction, then it's time to consider other factors as well. For instance, if you are convicted, what would be the most likely penalties?
If you have no prior criminal record and there are mitigating factors, such as your cooperation with the investigation or your remorse for the crime, then you would probably receive a lighter sentence. Your defense attorney can use these factors to negotiate a more favorable plea bargain. For instance, if you were under extreme duress when the crime was committed, this could be a mitigating factor.
In this type of situation, if the prosecutor's plea offer includes harsh penalties, you will not typically want to agree on the assumption that their plea bargain is worse than the outcome.
Is there Proof Beyond a Reasonable Doubt?
Criminal defendants often force a prosecutor to prove their case against them beyond a reasonable doubt. This means that the prosecutor must present evidence that is so convincing that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty.
Our criminal defense law firm never pressures clients to accept a plea bargain they are uncomfortable with. You have the constitutional right to a jury trial to prove your innocence, and we are here to ensure that your rights are protected throughout the legal process, providing you with a strong sense of security and protection.
It's crucial to remember that any decision regarding a plea bargain should be made only after a thorough consultation with your criminal attorney. This is a complex process, and having the right legal advice is essential to ensure your rights are protected, providing you with a sense of security and protection.
Our lawyers know that facing a potential jail sentence is a very stressful event, and our clients are often anxious to accept the initial plea offer just to get the matter over with quickly.
You need a skilled and experienced criminal defense attorney in your corner to help you make these crucial life-altering decisions. With our guidance, you can feel reassured and confident in the choices you make. Our attorneys will closely review your case's specific details and evidence to determine whether the allegations sufficiently support the criminal charges. We will work closely with you to help you decide whether to accept the plea offer or take the case to a jury trial.
Our attorneys will closely review your case's specific details and evidence to determine whether the allegations sufficiently support the criminal charges. We will work closely with you to help you decide whether to accept the plea offer or take the case to a jury trial.
What Are the Collateral Consequences?
If you are convicted of a criminal offense in California, it will typically carry a lot of collateral consequences. For example:
- Deportation from the United States
- Registration as a sex offender
- Loss of a professional license
Undocumented immigrants could face deportation from the United States if they are convicted of certain crimes.
This means you might be in a situation where you should refuse the plea offer and take your chances at trial because you know the immigration consequences could far outweigh any benefit of accepting a plea bargain from the prosecutor.
Other possible collateral consequences include lifetime registration as a sex offender or the loss of a professional license, such as a doctor, lawyer, dentist, or real estate agent.
There are situations where you could accept the plea bargain and still be able to keep your professional license. If you are in such a scenario, you should at least consider the offer to avoid a possible severe sentence if convicted at trial.
Contact Us If Charged with a Crime
It should be noted that a guilty or no-contest plea means you are guilty of the crime, and the conviction will be placed on your criminal record.
This means you might lose certain rights, such as the right to own or possess a firearm. You may also lose your right to appeal if you accept a plea bargain.
Our experienced criminal defense lawyers could potentially negotiate a plea bargain that would allow you to expunge your record after you complete your probation. Expungement is a legal process that removes certain criminal convictions from your record, which can have significant benefits for your future employment and housing opportunities.
This would mean that you won't be required to disclose your conviction when you complete an employment application.
If you were charged with a crime and need to decide whether to accept a plea offer from the prosecutor, contact our Los Angeles criminal defense lawyers to review the details and options.
Being charged with a crime in California does not automatically mean you will be convicted of the most serious offense listed in the complaint. In many cases, criminal charges can be reduced through negotiation, legal motions, or weaknesses in the prosecution's evidence.
We can guide you through the risks and benefits of accepting a plea offer. Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact us to discuss your case at (424) 372-3112.
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