The role of a criminal defense lawyer is to vigorously represent their client to the best of their ability within the limits of the law. That typically means that every defense attorney representing a client in a criminal case uses their best professional judgment and efforts to win an acquittal, a dismissal, or in the alternative, the most favorable disposition possible for the defendant.
This requires a thorough, detailed examination of every fact in the case, every bit of evidence available, and a full understanding of how the law applies, both for and against the defendant.
Once this analysis is conducted and continues to evolve as the case progresses, some defendants’ best interests require defense counsel to explore a negotiated plea in order to minimize the consequences for their client and obtain the best possible case outcome. This common judicial procedure is called plea bargaining.
Effective plea bargaining is as important a skill for a criminal defense lawyer as any other facet of practicing law. Courtroom trial skills, mastery of the rules of evidence, and the ability to persuade a jury are all essential talents for a defense lawyer. But negotiating favorable plea bargains and having the judgment to know when to bargain and when to try a case is vitally important.
What Is a Plea Bargain?
A plea bargain is a judicial negotiation process in which both the prosecutor and the defense attorney recognize that proceeding to a full trial of the case will present genuine risks to their respective clients. The prosecutor believes the defendant to be guilty of the offense and wants to obtain a result that punishes the defendant and achieves the government’s idea of justice.
The defense lawyer wants to emphasize the weaknesses in the prosecution’s evidence to persuade them to dismiss and/or reduce the charge to as lenient a posture as possible. Both counsels know that the outcome of a trial is uncertain and that it could end with a much worse result than might be achieved through negotiation.
It is important to note that only the defendant can decide whether or not to accept a negotiated plea deal. The defendant has the right to proceed to trial if they choose to, regardless of their counsel’s recommendation. However, an experienced criminal defense lawyer’s best professional advice should be considered very seriously and should not be dismissed without extensive and detailed discussion.
Pros of Plea Bargain
Court systems, particularly in densely populated jurisdictions, deal with substantial case backlogs. Plea bargains allow for the quicker resolution of cases, relieving the burden on courts and ensuring that cases is addressed without unnecessary delay. This expediency should benefit all parties involved, including defendants who often prefer a speedy resolution over the uncertainty and prolonged stress of a trial.
Reduced Sentencing and Charge Reduction
Defendants benefit from plea bargaining by getting an opportunity to receive a reduced sentence or to plead guilty to a lesser charge. This can significantly impact the defendant’s future, offering a chance for shorter periods of incarceration, if any, lighter fines, or the avoidance of a more serious conviction on their record. For first-time offenders or those facing charges with potentially severe penalties, plea bargaining can provide a vital lifeline.
Certainty and Control
Plea bargains offer a level of certainty and control that going to trial does not. Trials are inherently unpredictable, with no guarantee regarding the outcome. By negotiating a plea, defendants can have a clearer understanding of the consequences of their plea, allowing them to make informed decisions about their legal strategy and future. It also may reduce a client’s legal costs.
Conservating Court Resources
Plea bargaining conserves limited court resources by reducing the need for lengthy trials, jury selection, and court appearances, allowing the system to devote resources to cases that require a full trial.
Cons of Plea Bargains
Despite their advantages, plea bargains also have drawbacks, including risking access to justice, fairness, and the integrity of the legal process.
Coercion and Pressure
One of the most significant criticisms of plea bargaining is the potential for coercion. Defendants, particularly those with inexperienced lawyers, sometimes feel pressured to accept a plea deal out of fear of receiving a harsher sentence if they go to trial.
The best criminal defense lawyers do not pressure their clients, but others may do so because trials are time-consuming and may be less profitable. This pressure can be exacerbated for individuals in custody who may accept a plea to gain their release from pretrial detention, regardless of their guilt or innocence.
Miscarriage of Justice
Plea bargains can sometimes lead to miscarriages of justice. Innocent individuals may plead guilty to crimes they did not commit, driven by the fear of potential conviction at trial and a resulting harsher sentence.
Such outcomes not only undermine the integrity of the justice system but also result in the wrongful punishment of individuals, denying them the opportunity to fully contest the charges against them.
Diminished Public Trust
The negotiation aspect of plea bargains can lead to perceptions of the justice system as being more about deal-making than about truth-finding or fairness. This can erode public trust in the legal process, with some viewing plea bargains as a way for defendants to “get off easy” or for prosecutors to secure convictions without having to prove their case beyond a reasonable doubt.
Unequal Access to Good Deals
The opportunity to negotiate a favorable plea bargain often depends on the defendant’s resources and the quality of their legal representation. Wealthier defendants or those with the most skilled attorneys often secure better deals than those who rely on overburdened public defenders, exacerbating unfairness within the justice system.
And the individual nature of plea negotiations can lead to disparities in sentencing for similar offenses, undermining the principle of equal justice.
Read More > What are the Types of Pleas in a Criminal Case?
Experienced Criminal Defense Lawyers Bargain More Skillfully
Only with years of experience does an attorney learn the skill of maximizing their bargaining power in each case. Variables including the client’s previous criminal history, the seriousness of the offense, whether a victim was injured, the prosecutor’s experience, and other factors all play a role in the potential for obtaining a favorable outcome.
At Stechschulte Nell, Attorneys at Law in Tampa, we developed exceptional negotiation skills and productive professional relationships with other court personnel based on years of courtroom practice and a constant demonstration of integrity.
If you are charged with a crime in Florida and need experienced and skilled criminal defense representation in Tampa, Orlando, or Miami, contact Stechschulte Nell at 813-280-1244 today.
