What is a plea agreement? And what if I accept it?

This article looks at what a plea deal is and what happens if you accept it. A plea agreement is an agreement between the defendant and the prosecutor. Typically, a plea deal is a contract whereby the defendant will agree to do something (usually plead guilty) and in return the prosecutor will offer some concession in the form of a lighter sentence or judge (ask the court) of a way that gives some benefit to the accused. The main point of the plea agreement is that the defendant will give up his constitutional right to a trial and, in return, receive some benefit from the government.

As good as it may sound, never listen to a lawyer who says they never negotiate or never make deals with the prosecutor. The lawyer would be doing you a disservice, especially if he guarantees that he can win the case or does not negotiate with the prosecutor. In fact, the United States Supreme Court recently held that a defense attorney has a jurisdiction duty during plea negotiations. It makes perfect sense that an attorney should have a duty to investigate, consult, and prepare the case during plea negotiations, as approximately 90 percent of those charged in the criminal justice system either plead guilty or agree to some form. detour.

If you accept the plea agreement, you are giving up some of your most important constitutional rights; and therefore should not be taken lightly.

If you are charged with a felony or felony misdemeanor (a misdemeanor lasting more than 180 days), you will have the right to a jury trial. You would be giving up the right for the government to present your case to 12 citizens of the community to decide if you are guilty of the crimes charged. If you are charged with a crime that lasts less than 180 days (less than 6 months), then you would have a court trial in which a sitting judge would make the decision whether you are guilty.

You will be given the right to have your attorney call a witness on your behalf and challenge the government witness. It is your absolute right to confront your accuser in public hearing. He would also be giving up other constitutional rights, such as the right to present constitutional motions that challenge whether his rights were violated during the police procedure of the case. After you plead guilty, you can’t go back and make these claims as they would be waived if they pleaded guilty.

By pleading guilty, you accept the government’s case and agree that they could prove that you committed the crime beyond a reasonable doubt.

Pleading guilty before a judge (usually the trial judge) also means that you are giving up your right to have your case heard before a higher court of appeals. If you went to trial and lost, a higher appeals court could verify that the trial was fair and appropriate, and that the trial judge did not make serious mistakes. However, you still have the right to appeal the case if the trial judge gives you an incorrect sentence (very rare).

Lastly, if you are not a citizen of the United States, a guilty plea may result in deportation or admission to the United States or denial of naturalization.

So while the vast majority of people who go through the criminal justice system accept a plea deal, people need to realize that when they say they are guilty of the charges, many rights are waived. It should not be taken lightly.