A Criminal Defense Attorney often helps clients negotiate a plea bargain with the prosecution represented by a city, county, or district attorney assigned to the case. The defendant pleads guilty to the charges and is assured a lesser penalty than would probably be levied if the case went to trial. The agreement must be approved by a judge at a hearing. The judge asks the defendant several questions to make sure the & a person was not coerced into the plea bargain.
If the defendant is guilty, a plea bargain tends to be a beneficial arrangement if the prosecution’s evidence is strong. Sometimes, a defendant chooses this route even if he or she is innocent because of fear that a jury will believe any evidence to the contrary.
Not an Act of Kindness
It’s important to understand that the prosecuting attorney is not offering a plea deal to be kind to the defendant. That lawyer may be under pressure to win cases, and having a defendant voluntarily plead guilty counts as a win. The lawyer may feel pressured to keep cases from going to trial if the court docket is overloaded.
Another point a Criminal Defense Attorney carefully considers is whether the prosecution has a relatively weak case. The defendant is more likely to be found not guilty at trial. However, if the jury decides the person is guilty, the judge can impose the harshest sentence allowed by law.
The Risk of Trial
The aspect of a judge being able to impose the maximum sentence explains why so many cases are ended with a plea bargain. An innocent person often does not want to face that risk if pleading guilty means no time in jail but being found guilty in court could mean two or three years in prison.
A Very Serious Decision
Each citizen has a constitutional right to a fair trial. Deciding to give up that right is a very serious decision that should be made in consultation with a lawyer from a firm such as Addair Thurston Chtd. The client and attorney should discuss the facts of the case, the evidence, and the potential consequences of not pleading guilty. More information on this particular organization can be viewed at Addairthurston.com. You can also follow them on Twitter for more information.
