Criminal cases have to end. Some feel like they go on forever but even those inevitably end. How a case ends is something that Criminal Defense Attorneys and their clients can influence. The choice is simple: Enter into a plea bargain or go to trial by judge or jury. So what is a plea bargain and what do you need to understand to make a smart plea decision?

A Plea bargain for a criminal defendant is a way to end a case with a known outcome. In many jurisdictions that means you know the charge and the penalties. Plea bargains involve middle ground. Trials normally result in the best outcome (Beating some or all of the charges) and the worst outcome.

The purpose for plea bargaining is to get the best outcome without the risk inherent in a trial. The jury is unknown, the attention from a judge is normally unwanted and witnesses are not predictable. All of these dynamics are controlled by a plea bargain.

Prosecuting attorneys offer plea bargains for the same reasons defendants accept them: It limits the risk for a prosecutor. Often times prosecutors believe something happened that they are unable to prove. That means they think a Defendant should be punished hard and facing jail or prison, but instead prosecutors stick to what they believe they can prove. Prosecutors do not know who will be on a jury and may fear jurors who do not trust police, believe the legal system is flawed, or are difficult to convince. Plea bargaining also allows victims of crime to avoid being cross examined and subjected to scrutiny that is always unwelcome.

Sometimes no plea bargain is offered. This is normally because a prosecuting attorney has a very strong case. If a crime is captured on video there may be few questions as to what happened and result in a prosecutor offering no plea bargain. It is increasingly common for crimes to be captured on video from stores, Ring doorbells, traffic cameras, cell phones and police body camera.

Why Plea Bargaining is Bad: Plea Bargaining is bad because limiting risk from a trial may be appealing to innocent defendants who are being forced into a no-win situation. When charged with murder carrying a life sentence an innocent defendant will be tempted to take a plea bargain for manslaughter and serve a shorter prison sentence. This temptation is wrong for an innocent victim and is something defense attorneys will counsel against, but the ultimate decision belongs to the defendant who has to live with the penalty. 

Why Plea Bargaining is Good: Plea Bargaining can be great for defendants by guaranteeing no prison or jail, protecting against a criminal charge that may cause professional ruin or involve a diversion program that allows a defendant free resources to rehab for drug or alcohol problems.

Plea bargaining remains controversial in criminal justice because a finding by a jury is the kind of finality pictured by both parties to a question of guilt or innocence. Even so it may serve your purposes if you are charged with a criminal offense. Make sure you and your attorney have discussed your options and you are comfortable you are making the right decision for you.