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How Do Plea Bargains Work In Criminal Cases?

Home|Blog|Criminal Defense|How Do Plea Bargains Work In Criminal Cases?

A plea bargain constitutes a formal agreement between the prosecution and the defendant. Through this arrangement, the defendant agrees to plead guilty, typically in return for either a reduction in the charges faced or a more lenient sentence. While this process resolves many criminal cases in Ohio, understanding how plea bargains work and whether accepting one is right for your situation requires careful consideration. At The VanNoy Firm, our experienced criminal defense team can help you navigate this complex process and work toward the best possible outcome for your case.

Why Might a Plea Bargain Benefit You?

Plea bargains potentially offer certain advantages for defendants facing criminal charges:

  • Reduced Charges or Sentences: Secure a lesser charge or a lighter sentence than a trial might yield, potentially reducing a felony to a misdemeanor or replacing prison time with probation.
  • Avoid Lengthy Trials: Expedite your case’s resolution, allowing you to move forward more quickly and avoid the prolonged stress of a lengthy trial.
  • Limit Media Exposure: Protect your privacy and reputation by avoiding the public scrutiny and media attention often associated with high-profile trials.
  • Certainty of Outcome: Gain predictability regarding your conviction and sentence, eliminating the inherent risks and uncertainties of a trial’s verdict.

What Are the Risks of Accepting a Plea Bargain?

While plea bargains offer benefits, they also come with important considerations:

  • Criminal Record: A guilty plea results in a criminal record, which can impact your employment, housing and educational opportunities.
  • Impact on Future Opportunities: A conviction can restrict professional licenses, voting rights and gun ownership. It may also affect child custody arrangements or immigration status.
  • No Guarantee of Judicial Approval: The judge has the final say and may impose harsher penalties than those recommended in the plea agreement.

What Happens During the Plea Bargaining Process?

Knowing the steps involved in plea bargaining can help you feel more prepared:

Negotiation Between Defense and Prosecution

Your attorney will negotiate with the prosecutor to reach an agreement that serves your best interests. This may involve multiple discussions and counteroffers before both parties reach acceptable terms.

Judicial Review and Approval

Once an agreement is reached, the judge must review and approve it. The judge will ensure you understand the implications of your guilty plea and that you’re entering the agreement voluntarily. If the judge finds any issues with the agreement or believes you were coerced, they may reject the plea bargain.

Sentencing Hearing

After the judge accepts the plea bargain, a sentencing hearing will be scheduled. At this hearing, the agreed-upon sentence will be imposed, though the judge retains discretion to deviate from the recommendation in some circumstances.

Should You Accept a Plea Bargain?

Determining whether to accept a plea bargain is one of the most important choices you’ll make in your criminal case. Every situation is unique, and what works for one person may not be right for another. Factors to consider include:

  • The strength of the evidence against you
  • The severity of the charges you’re facing
  • The likelihood of success at trial
  • The potential consequences of a conviction after trial
  • Your personal circumstances and priorities

Having an experienced criminal defense attorney by your side is essential. At The VanNoy Firm, we thoroughly review every aspect of your case, explain your options and provide honest guidance about whether a plea bargain serves your best interests or if taking your case to trial offers a better path forward.

Protect Your Rights with Experienced Legal Representation

Facing criminal charges is overwhelming, and the choices you make now can affect the rest of your life. Whether you’re considering a plea bargain or preparing for trial, you need a legal team that will work tirelessly toward the best possible outcome. At The VanNoy Firm, we bring decades of experience to every case. Contact us today to begin.

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About The Author

Anthony S. VanNoy

Trial Attorney

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