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What is a Plea Agreement in a Criminal Case?

When facing criminal charges it is important to explore all of your options. You can have your charges dismissed, reduced, or penalties lessened if you present an effective defense, prove that you are not guilty, or strike a deal with the prosecution. A plea agreement can be used to benefit both sides in a criminal case. If you’re wondering whether or not a plea deal can benefit your situation, discuss your case with a Bergen County criminal defense attorney today.

What is a Plea Agreement in a Criminal Case?

A plea agreement is a deal negotiated between the prosecution and defense. Generally, the prosecutor will offer a deal to the defendant where the defendant can agree to plead guilty, often to a lesser charge than the original offense, in exchange for a more lenient sentence or other benefits.

The prosecution may approach the defendant with an opportunity to plead guilty to a lower-level crime that will be penalized with less severe consequences. Other times the defendant will be asked to plead guilty to the charges they are already facing with the promise that the prosecutor will recommend a lesser sentence.

Plea deals can come in many forms and whether or not you decide to accept the agreement will vary depending on the specific circumstances of your situation.

What Are the Pros and Cons of a Plea Agreement?

To some, the thought of pleading guilty to any charge can feel like giving up and not an option. To others, knowing in advance that your consequences will be less severe than you previously thought can be a relief. Whether you want to accept a plea agreement or risk your chances at trial, it is crucial that you understand the advantages and disadvantages associated with this legal option. Consider the pros and cons below.

Pros:

  • Entering a plea bargain removes any uncertainty you may have about the outcome of your case. You do not have to worry about what the result will be if you are agreeing to it beforehand.
  • You can avoid the time and cost associated with a trial. Going to trial can take a long time and significant court and attorney fees. A plea deal allows you to avoid those burdens.
  • The agreement generally results in a reduction of the charges against you and/or a less severe sentence. This can be important if there is a social stigma surrounding your original offense or if by reducing your penalties you can avoid certain consequences like jail time or losing your license.

Cons:

  • You must waive your right to a trial. Many believe this is unconstitutional but it is a necessary part of a plea agreement.
  • You will still be left with a criminal record. Regardless of what your charges are reduced to a plea bargain does not erase your record. Because you are sacrificing the chance of being found not guilty you will surely walk away with a record.
  • You may be innocent and have to plead guilty. It can be morally difficult to admit to something you did not do and live with the stain of a criminal record when you are innocent.
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