What is a plea agreement? And what happens if I accept it?
This article looks at what a plea deal is and what happens if you accept it. A plea agreement is an agreement between the defendant and the prosecutor. Generally, a plea agreement is a contract whereby the defendant will agree to do something (usually plead guilty) and, in return, the prosecutor will offer some concession in the form of a lighter sentence or award (ask the court) in a way that gives some benefit to the defendant. The main point in the plea agreement is that the defendant will give up his constitutional right to a trial and, in exchange, will receive some benefit from the government.
As great as it sounds, never listen to a lawyer who says they never negotiate or never settle with the prosecutor. The lawyer would be doing you a complete disservice, especially if he guarantees that he can win the case or if he fails to negotiate with the prosecutor. In fact, the United States Supreme Court recently held that a defense attorney has a duty of jurisdiction during plea negotiations. It makes perfect sense that an attorney should have a duty to investigate, consult, and prepare the case during plea negotiations, since approximately 90 percent of people charged in the criminal justice system plead guilty or accept some form of plea bargain. deviation.
If you accept the plea agreement, you are giving up some of your most important constitutional rights; and therefore should not be taken lightly.
If you are charged with a felony or a serious misdemeanor (a misdemeanor that carries more than 180 days), you will have the right to a jury trial. He would be giving up the right for the government to present his case to 12 citizens of the community to decide if he is guilty of the crimes with which he is charged. If you are charged with a crime that is less than 180 days old (less than 6 months), you will have a bench trial where a sitting judge will decide whether you are guilty.
You would be given the right to have your attorney call a witness on your behalf and question the government witness. It is your absolute right to confront your accuser in open court. He would also be giving up other constitutional rights, such as the right to file constitutional motions to challenge whether his rights were violated during the police proceedings in the case. After pleading guilty, he could not go back and make these claims, as he would give them up by pleading guilty.
By pleading guilty, you are accepting the government’s case and agreeing that they can prove you committed the crime beyond a reasonable doubt.
Pleading guilty before a judge (usually the trial judge) also means that you are giving up your right to have your case heard before a higher court of appeals. If he went to trial and lost, a higher appellate court could verify that the trial was fair and proper, and that the trial judge did not make serious mistakes. However, you still have the right to appeal the case if the trial judge gives you an incorrect sentence (very rare).
Finally, if you are not a citizen of the United States, a guilty plea can result in deportation or admission from the United States or denial of naturalization.
So while the vast majority of people who go through the criminal justice system accept a plea deal, people need to realize that when they say they are guilty as charged, they are giving up many rights. It should not be taken lightly.