Plea Bargaining in Criminal Cases: Pros, Cons, and Factors to Consider

Plea bargaining is a commonly employed practice in criminal cases, where the defendant agrees to plead guilty or accept a reduced sentence in exchange for entering a guilty plea. While plea bargaining can have benefits on both sides, it also has potential drawbacks that should be taken into consideration. Here are some pros, cons, and factors you should take into account when contemplating plea bargaining in criminal cases.

Pros:

Reduced Sentence: By agreeing to a bargain, defendants may avoid more severe punishment such as longer prison terms.

Plea Bargaining Offers Certainty: Trials can be unpredictable and expensive, so plea bargaining helps avoid the risks and expenses that come along with a trial.

Cons:

Reduced Accountability: By agreeing to a deal, they may not have to face all consequences of their decisions – which some may view as unfair.

Coercion: Some observers worry that plea bargaining can be coercive, with defendants feeling pressured into accepting a deal even if they are innocent. Prosecutors may use threats of more severe punishment as leverage to pressure defendants into accepting an agreement.

Unfairness: Not all defendants have access to the same resources, leading some to accept a plea deal even if they are innocent simply because they cannot afford to fight their charges in court.

Factors to Consider

Strength of Evidence: When deciding whether or not to accept a plea bargain, the strength of evidence against the defendant must be taken into account. If that evidence is weak, it may be in the defendant’s best interests to take their case to trial.

Severity of Charges: If the charges against a defendant are serious, and evidence against them is strong, a plea bargain may be the best course of action.

Prior Criminal Record: When weighing whether to accept a plea bargain, even when evidence is weak, a defendant’s prior criminal record should also be taken into account in order to avoid more severe punishment.

If facing criminal charges, it is essential that you work with an experienced criminal defense attorney who can explain your legal options and help navigate the criminal justice system. Contact Morris & Dean in Dalton GA today to book a consultation with one of our highly-trained criminal defense lawyers!