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The Role of Plea Bargaining in the Criminal Justice System

Once a defendant is charged with a crime, some people think a long and dramatic trial will follow, much like those portrayed on crime television dramas. A highly reputable criminal defense attorney will go up against a prosecutor, and both will deliver Emmy-worthy court performances, complete with the admissibility of newly discovered evidence that will change the outcome of the case at the last minute. Although this scenario makes for great television, the reality is, our justice system does not typically operate this way. In fact, scholars estimate almost 90 to 95 percent of criminal cases never even see a courtroom, and are resolved through the plea bargaining process.

How Does the Plea Bargaining Process Work?

According to the 6th Amendment of the United States Constitution, the accused is allowed the following rights during a criminal prosecution:

  •      The right to a speedy and public trial;
  •      The right to an impartial jury of the state in which the crime was committed;
  •      The right to be informed about the nature and cause of the accusation;
  •      The right to be confronted with the witnesses against him or her;
  •      The right to obtain witnesses in his or her favor;
  •      The right to the assistance of counsel in his or her defense.

While every person accused of a crime is technically given the above rights, many defendants decide to opt-out of a trial and enter a plea agreement instead.  A plea bargain is an agreement wherein the defendant agrees to enter a guilty plea to a specific charge in return for some concession from the prosecution. In some cases, the defendant might agree to plead “nolo-contendere,” which means the defendant is neither admitting nor denying committing the crime, but believes there is enough evidence to convict him or her, and therefore accepts the punishment. It is important to note that, even after the defense and prosecution agree on a plea deal, the judge must accept the plea to make it valid. Although it does not happen often, judges do have the discretion to reject the plea and impose a sentence they see better fit.

What Are the Benefits of a Plea Bargain?

A defendant may agree to a plea bargain rather than go to trial because he or she may receive a lesser punishment. When a case goes to trial, the defendant not only risks the possibility of losing, but of receiving the highest allotted punishment. In a plea bargain, the prosecution may agree to drop some of the criminal charges, or reduce the severity of the charge, in return for the defendant’s guilty plea. The prosecution can also recommend a lesser sentence.

If you or a loved one have been convicted of a crime in the Avon, Brownsville, Plainfield, or Danville areas, contact Chris Arrington today. He is an experienced Indiana criminal defense attorney, and can advise you of your legal rights.



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