A guide to plea-bargaining: the benefits and drawbacks of using them

by Criminal Defence Blawg on August 3, 2012

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(Guest post based on US law and general information).

Many people find that they are involved in court cases at one time. Being involved in a court case is one of the times that can be challenging to an individual especially if the cases are not going in their favor and they could actually end up suffering serious consequences. Many people may find plea-bargaining to be a solution for their problems. This can be the case, but you need to look into all the benefits and the drawbacks that are involved in taking this way out. These are:

Benefits

Many people choose to take part in the plea-bargaining because of the benefits that are associated with it. Some of these benefits are:

  • 1. Lighter sentence

Plea-bargaining is a sure way for the defendant to reduce the sentence that they may receive if they are found guilty in court. You can have the sentence significantly reduced.

  • 2. Less severe charge

Plea-bargaining allows the individual to plead guilty to a less severe charge. This means that all the consequences and procedures involved with the severe charge are avoided.

  • 3. Criminal record

Having a criminal record is disadvantageous in many ways. The only thing that can be worse than this is to have a record that has serious offenses on it. With the plea bargain, you can control the seriousness of the offenses and this can be beneficial even when you are involved in a subsequent case.

  • 4. Savings

A court trial can be expensive especially if you consider the money that you will have to spend on legal fees. When you take the bargain, you will not have to have the long court trial and therefore save on costs.

  • 5. Time

You need to spend time to go to court and various meetings. This can have a negative effect on the business of the person especially if he or she is a sole proprietor. Taking a plea bargain will save on time.

  • 6. Reduce uncertainty

Going to trial has a lot of uncertainty associated with it whether you are innocent or guilty. Taking a plea bargain will reduce this uncertainty because you can know the exact outcome and find ways to deal with it.

 

 

Drawbacks

Some of the negative effects that are associated with plea-bargaining are:

  1. 1. Court rejection of the plea

Getting a plea agreement does not necessarily guarantee that it will go through. The court has the final say, in some cases, the plea can be rejected and you will still have to go to court.

  1. 2. No appeal

Taking a plea bargain means that you cannot be able to appeal the decision of the court or the ruling at a future date.

  1. 3. Innocent people

Sometimes an innocent person may agree to take a plea bargain because he or she is afraid of the court processes required to be acquitted and this means that at the end of the day there is no justice.

You need to consider all the benefits and the drawbacks before you conclude about whether or not to take a plea bargain. This will ensure that your decision is informed.

Author Bio – Suzie is a blogger who write on legal matters. She has some experience in the field and in the past, she has been able to write on issues pertaining to cycle accident compensation.

Criminal Defence Blawg

Criminal Defence Blawg

Criminal law blogger at CriminalDefenceBlawg
Criminal Defence Blawg is a criminal law blog, sharing legal expertise and intelligence from the UK, US, Australia and beyond. Contributions from those who share great legal information. Want to get published? Contact us today.
Criminal Defence Blawg

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