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Plea Bargain Questions

What is a plea bargain?

The definition of a plea bargain states that a plea bargain is a type of agreement in a criminal case between a prosecutor and the defendant where the defendant has an agreement to plead guilty to a certain charge for a compromise from a prosecutor. A plea bargain has many different terms such as a plea agreement, plea deal or copping a plea. A plea bargain can mean that a defendant will agree to be guilty to a lesser charge, or to only be charge for one charge if multiple charges are pending, in return for the removal/or lesser charges. It can also mean that the defendant will agree to the original charge in return for a less severe sentence. When agreeing to a plea bargain this allows both people to get out of a long criminal trial and can also allow a criminal defendant to get out of the risk of conviction at the trial.

What are the plea bargain pros and cons?

Some believe some of the pros of a plea bargain include that for the defendant a plea bargain is to take away the hesitation of the criminal trial in order to get out of the maximum sentence. Also, the public can benefit from this because from plea bargaining since in most cases the agreements is to lower the court crowding and to release the prosecutors so they can deal with more extreme cases.

Now for the cons some believe that the cons consist of is that a plea bargain is for the innocent defendant that decides to agree to being guilty to less of a charge in order to stay away from the risk that they could be found guilty of the crime. Also, in many cases attorneys and the judges will disagree that the plea bargain has directed to the weak police investigations and the attorney does not want to take time out to gather enough information for the cases. It is also believed that instead of going for justice, the parties normally depend on making a deal that describes that happens and the legal outcome for these crimes is not as important. Also another con to plea barging is believed that some of the attorney and judges disagree that when agreeing to a plea bargain it is considered unlawful because if often takes away the defendant’s legal right to a trial by jury. If the defendant is forced or what is believed as being pressured into accepting a plea bargain then the agreement may be weighed out.

What happens after a plea bargain has been agreed upon?

If and when both sides of the parties that are involved have agreed upon a plea bargain then the plea bargain agreement will be placed on the court records before a judge will allow the sentence that has been agreed upon. Both parties are now legally required to follow all the rules and requirement of that plea bargain agreement, and agree on the reason of the case.

If someone was charged with resisting arrest and was served with a misdemeanor can that person enter make a plea bargain before the first court date?

In many cases they would have to wait until their court date unless they hire their own attorney, but it is not completely impossible. If they do not have their own attorney, they could contact the prosecutor and make an appointment to figure out if this is an option or not. The prosecutor will talk to the attorney before the court date and organize a plea bargain. If the person has prior charges they could be eligible for a diversion program, anger management and community service along with a fine charge. Since the charge is for resisting arrest it would be wise to hire an attorney and have the attorney talk to the police office, and try to get the police office agree to rescheduling the court date in order to get things organized.

If someone has been offered a plea bargain to drop felony charges to a misdemeanor for theft charges, if they accept the plea bargain does this affect their possibility of being employed?

A misdemeanor is considered a less serious appose to any other crime, so this step is believed by many much better to be convicted for a misdemeanor than a felony. Normally, misdemeanor’s don’t relate to any employers, but when the conviction is because of theft, exchange of property, embezzlement, etc it is going to make the employer a little more concerned if the position is handling money or any way dealing with money. Also, a misdemeanor will never diminish from a person’s criminal record, the only way to remove this conviction is by a pardon from the governor because expundgement are very slim and are only available if the individual wasn’t convicted.

When entering into the plea bargain process both parties can benefit from this, but it is also highly important that both parties understand what they are agreeing upon and weighing out their options before fully accepting a plea bargain agreement. For more information on plea bargain agreements contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
5 Criminal Lawyers are Online Now

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    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

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