If you are facing charges in a federal case, you may be offered a plea bargain. This does not mean you should always accept the plea deal or that you are obligated to do so. But it is important to understand how these agreements work, why they are used and when they may make sense in your case.
Generally speaking, a plea bargain is an agreement under which you will plead guilty or no contest, and in exchange for entering the predetermined plea, you will get a reduced sentence. There are three common ways in which this is done, and you may be seeking to:
- Keep specific facts out of the case
- Get a reduced sentence
- Get a reduced charge
Courts offer plea bargains because they can significantly speed up the legal process and keep cases from going to trial. Defendants may take them if they are concerned about losing a trial and they would rather get a reduced sentence, which would not be offered if they pled not guilty and were then convicted by a jury.
How would this work in your case?
For example, say that you are facing federal drug charges. You have been accused of possession with intent to distribute. The potential sentence will depend on the type of controlled substances involved and a variety of other factors, but you could be facing decades behind bars.
The prosecution is not guaranteed a conviction, however. They may offer you a plea bargain where you plead guilty to drug possession, and they will then drop the charges for intent to distribute. Because possession is such a lesser charge, you may find yourself facing a far smaller prison sentence, or you may just get probation and be ordered to pay financial fines.
Does a plea bargain make sense?
Naturally, the drawback of accepting a plea bargain is that you do have to plead guilty. Depending on the details of your case, such as what evidence the prosecution actually has against you, it may be better to let the case go to trial and defend your rights.
But if the prosecution has a strong case against you, then you may want to consider a plea bargain so that you can get a reduced charge or a reduced sentence. Your goal is to seek the best possible outcome, which may be obtainable through a guilty plea under these circumstances.
Naturally, every case is unique, so there are certain situations in which plea bargains make sense and others in which they should be avoided. This is one of the reasons why it can be so helpful to work with an experienced criminal defense attorney in Illinois while weighing your options.