In the United States, nearly 90% of all criminal cases are settled by plea bargains. Plea bargains allow individuals to skip criminal trials if they agree to plead guilty to the crimes with which they have been charged. This is usually in exchange for a reduced punishment.
There are three types of plea bargains that an individual may enter:
- Charge bargaining – in this type of bargain, an individual admits guilt to a lesser crime than the one with which he or she has been charged; admitting guilt to a lesser charge means that the individual will likely face a lesser punishment
- Count bargaining – to be eligible for this type of bargain, an individual must be charged with multiple offenses for the same crime; to exercise this bargain, the individual admits guilt to only some of the charges
- Sentence bargaining – in this type of bargaining, the individual knows what his or her sentence will be before admitting guilt to a crime
In order to enter a bargain, the accused individual must be offered the option by the prosecutor. Usually, the individual must show willingness to admit guilt to his or her crime before being offered the opportunity.
When an individual is offered the opportunity to enter a plea bargain, his or her lawyer will usually negotiate the terms of the bargain with the prosecutor. The judge usually plays little to no role in deciding the outcome of the case.
Plea bargains often decide whether an individual will enter prison or serve a reduced sentence, so it is important to have a strong, experienced lawyer to handle your case. The San Jose criminal defense attorneys of The Law Office of Daniel Jensen have a proven track record of helping their clients get favorable settlements.
-By: David S Caldwell
