If you have been charged with a crime and believe that there is enough evidence against you that you are likely to be convicted, then you are likely to consider a plea bargain. What many people do not realize is that there are several types of plea bargains, including charge bargains, sentence bargains, and others. Keep reading to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The Facts About Plea Bargains
It is important to understand that plea bargains benefit both you and the prosecution, in most cases. You benefit because you face a lesser charge and / or lesser sentence, while the prosecution benefits because they do not have to spend the time or money taking you to court. However, note that it is not entirely up to the prosecution. The court must also accept the plea bargain and if they do not, then the original charges and sentence can remain in effect.
The Definition of Charge Bargaining
Charge bargaining is the act of working to secure a pela deal that comes with a lesser charge. If you accept this as a defendant, then you will plead guilty to a charge that is less serious than the crime you were charged with at first. For example, if you were charged with DUI murder, the charge could be reduced to vehicular manslaughter, which generally comes with less serious consequences.
The Definition of Sentence Bargaining
Sentencing bargaining is a process that takes place once the prosecution and defendant agree on a sentence that they can both live with. The prosecution argues in court for the judge to give a certain sentence, and in exchange the defendant will plead either guilty or no contest to the charges they are facing.
This helps save the prosecution time and money by not requiring a trial. It helps the defendant because they will generally see much less serious consequences that if a jury convicted them of the same charge. This could mean less time in jail, or no jail at all in favor of fines and fees.
There Are Other Types of Plea Bargains
Charging bargaining and sentence bargaining are two of the most common types of bargaining but they are not the only examples. There is also count bargaining, in which the defendant pleads guilty to one or more of the charges but not all of them, in exchange for having the additional charges dropped, and fact bargaining, in which the defendant pleads guilty to one fact that leads to a specific conviction, but not to other facts of the crime that could have led to additional charges.
Is plea bargaining always the best way to proceed if you are facing a charge? No, but it may be. To find out more about the options available in your specific case, contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.