When Is It Time to Consider a Plea Bargain?

 Posted on July 12, 2024 in Criminal Law

The United States judicial system has a rocky history regarding plea bargains, despite the fact that criminal defense attorneys negotiate plea bargains in about 98 percent of federal cases and 95 percent of state cases. In 1957, the Fifth Circuit Court ruled on the case of Shelton v. United States, which was meant to determine whether plea bargains should be implemented in the criminal justice system. The Court wrote, "Justice and liberty are not the subjects of bargaining and barter."

In 1970, the subject of plea bargains was placed squarely before the U.S. Supreme Court in Brady v. United States. The Court finally embraced plea bargaining as a "mechanism of efficiency that might free up resources" for those cases that did proceed to trial. The Brady decision is noteworthy for bringing plea bargaining out of the shadow, but at the time there was still little regulation or oversight of the process.

In 2019, one study found that those convicted at trial had a two to six times greater likelihood of being sent to prison, with sentencing lengths that were 20-60 percent longer than those who accepted a plea bargain. While these numbers convince those guilty of the crime they are charged with to accept a plea deal, they can also push innocent defendants into admitting to a crime they did not commit.

Unfortunately, disparity in plea bargaining abounds. Black defendants in drug cases are much less likely to receive favorable plea offers than white defendants. Because the plea bargain system has relatively little oversight, it is crucial that every defendant has an experienced attorney who will counsel them on whether a plea bargain should be accepted.

When Should a Plea Bargain Be Considered?

An experienced criminal defense attorney will counsel their client on when to accept a plea bargain. The following are instances when a plea bargain might be appropriate:

• The defendant is guilty of the offense, and the time they would spend in prison is significantly reduced in the plea offer.
• The defendant is guilty, and the result of a trial is likely to be a worse outcome than the plea offer.
• The defendant is guilty, and accepting the plea bargain will keep them out of prison.
• The defendant is guilty, and the plea bargain would not have the long-term consequences of a criminal conviction.

When Should You Go to Trial Instead of Accepting a Plea Bargain?

Since prosecutors have the burden of proof, they may offer a plea bargain because they know they do not have sufficient evidence to secure a guilty plea. While defendants should always listen to their criminal defense attorney when deciding whether to accept a plea bargain, the following are instances when it should probably be rejected.   

• The defendant is actually innocent. If the defendant did not commit the crime, it is probably not a good idea to plead guilty. Unfortunately, innocence does not stop thousands of defendants from accepting a plea bargain, especially those without legal representation or those with a public defender. The prosecutor will attempt to scare the defendant by telling them they could get the death penalty if found guilty at trial but will "only" spend 20 years in prison if they accept a plea bargain.
• The defense attorney believes the prosecutor will offer a better deal if this one is turned down.
• There is clear, exonerating evidence showing another person committed the crime. If the defendant’s attorney feels this can be proven in Court, then it is not in their best interests to accept a plea bargain.
• The plea deal offered does not reduce prison time—If the plea bargain offered is not a significant improvement over what the defendant would get if found guilty by a jury, there is little reason to accept it.

Contact a DuPage County, IL, Criminal Defense Attorney Before Accepting a Plea Bargain

Hopefully, you have had an experienced Wheaton, IL criminal defense attorney by your side from the time you were charged. If not, and you are being offered a plea bargain, never negotiate on your own. A criminal defense attorney plays a major role in a plea bargain and will ensure your rights are fully protected throughout the process.

When you hire an attorney from Stephen A. Brundage, you will have an attorney with a background in law enforcement as an investigator, instructor, evidence technician, and police officer. This background will provide you with a key advantage during the judicial process. Call Stephen A. Brundage at 630-260-9647 to schedule your free consultation.