There are many ways to resolve a case; one possible resolution is a plea bargain. Plea bargains are an effective method of resolving many criminal cases. It is important that you have an experienced criminal defense attorney who knows when to take a case to trial and when to resolve the case through a favorable plea bargain. Keep reading to learn more about plea bargains in Georgia.
What is a Plea Bargain?
A plea bargain is negotiated between your defense attorney and the prosecutor. During a plea bargain, you typically agree to plead guilty to some or all the charges in exchange for a decrease in punishment from the prosecutor. However, in some cases, the prosecutor may ask for you to testify for the State against other Defendants rather than pleading guilty to some or all the charges. A plea bargain can have many results, most commonly including:
- The prosecutor offering a lighter sentence such as community service, probation, a restricted record, or less time incarcerated;
- The prosecutor charging you with a lesser included offense; or
- The prosecutor dismissing certain charges.
A lesser included offense is a lesser crime that must be committed during the commission of a more serious crime because the lesser crime has some of the same elements as the more serious crime. For example, if you are charged with aggravated assault, your defense attorney can bargain with the prosecutor to have the offense charged as the lesser included offense of simple assault. This is because a person necessarily commits a simple assault when completing an aggravated assault.
What Are the Benefits of a Plea Bargain?
A plea bargain can protect you from the risks of going to trial. Some potential risks of going to trial include negative publicity surrounding high-profile trials, the prosecutor offering a harsher sentence after the trial, and the uncertainty of a jury’s decision-making, specifically in cases with complex facts such as cases involving sexual offense allegations.
What Are the Disadvantages of Plea Bargains?
There are several critiques of plea bargains. The most common critique is that plea bargaining can result in innocent people pleading guilty to lesser charges to avoid the risk of being found guilty at trial and, as a result, facing harsh punishment. This results in innocent people having a criminal record, which alters the trajectory of their lives.
Therefore, it is very important that you have an experienced and hard-working criminal defense attorney that will complete the necessary investigation to ensure you do not plead guilty to crimes you are not guilty of committing. It is also crucial that you have an attorney to discuss with you the benefits and disadvantages of a plea bargain and make sure that you are comfortable agreeing to a plea bargain rather than going to trial.
At the Law Office of Kevin R. Fisher, we do not accept plea bargains solely to end the case. We work closely with our clients and fight hard to make sure each and every client gets the best possible outcome in their case.
Have Questions? Give Me a Call.
I have decades of experience successfully representing clients at trial and negotiating favorable outcomes through plea bargaining. I will advocate from the beginning to the end of your case to ensure you receive the best outcome. If you need a criminal defense attorney or have legal questions, give me a call today!
