Getting swept up in the criminal justice system is a frightening experience. Most people don’t know what to expect or how to respond when they face accusations of breaking the law. It is quite common for individuals to make mistakes because they want to get the process over with as quickly as possible.
For example, many defendants make the mistake of pleading guilty at the earliest opportunity to do so. They may believe they can protect themselves from the worst penalties possible. However, they may not understand the true implications of a guilty plea. A guilty plea entered in court is different than a plea bargain negotiated by an attorney. The difference between those two arrangements can be crucial for someone facing criminal charges.
A guilty plea does not limit consequences
Many people believe that pleading guilty may limit the penalties they face. They may assume that a judge won’t impose the worst penalties possible because they have accepted responsibility and cooperated with the state.
Even defendants who insist they did not break the law often plead guilty because they don’t want the cost and public exposure of going to trial. Fear of the worst penalties possible may also motivate people to enter guilty pleas. However, the problem with a guilty plea is that it does not automatically come with a promise of lenience.
The courts still have the authority to hand down any sentence that conforms with state statutes. Individuals who plead guilty could serve time in jail or end up ordered to pay the highest fine possible under state law.
The only way to control the consequences is to negotiate a written plea bargain with the prosecutor. A plea bargain is an arrangement in which a defendant agrees to enter a guilty plea in return for certain concessions from the state. Prosecutors might agree to accept a guilty plea to a lesser offense. They may limit what information they share with the courts during hearings. They may also agree to limit the penalties imposed.
A defense attorney can potentially negotiate a plea arrangement in which the defendant does not serve jail time, for example. Plea bargaining is common in cases where defendants wish to avoid going to trial or fear the worst-case scenario given the charges that they face.
Learning more about criminal defense strategies and court proceedings is smart for anyone facing criminal charges. Defendants with the right information and support can work to limit the long-term consequences of the allegations against them.