How Plea Bargains Work: Should You Take The Deal?

Few criminal cases go all the way to trial. Instead, many defendants are convicted when they accept a plea deal. Plea bargains involve a defendant pleading guilty and, in exchange, getting something in return from the prosecution, such as a lesser sentence. William G. Yarborough Attorney at Law, has negotiated countless plea bargains, so he has seen the process up close, as he explains more in this article. Contact us to speak to our Greenville criminal defense lawyer about any charge you are facing.

Understanding Plea Bargains

A plea bargain represents an agreement between the Solicitor’s office (prosecutor) and the defendant. Both sides hope to get something valuable.

What the prosecutor gets is easy: a guilty plea. That saves time and money. The prosecution can clear the case off its desk and turn to the hundreds of other cases.

The defendant will plead guilty and, in return, receive something beneficial:

• Reducing a charge. The state might agree to reduce a felony to a misdemeanor, which would reduce the punishment and other penalties.
• Dropping some charges. If a defendant faces multiple charges, the prosecution might agree to dismiss some of them. The defendant then pleads guilty to the remainder.
• Reduced sentence. A prosecutor might agree to ask for a reduced sentence or even a period of probation instead of incarceration.

A judge must accept the plea deal. For this reason, you should hire a defense lawyer who has practiced in some of South Carolina’s busiest courts and is experienced in negotiating plea deals.

Plea Bargain Pros and Cons

Are plea bargains a good deal for defendants? Everything depends on the exact details of the plea bargain.

Benefits include:

• Less severe penalties. You might avoid a felony conviction, which means you won’t lose gun rights and other civil rights.
• Lesser sentence. Your sentence will probably be lower if you accept a plea deal, either because the prosecution has agreed to reduce the charge or they recommend a lesser sentence. That means you will be out of jail or prison faster and can enjoy your liberty.
• Avoiding trial. Perhaps family members might have to testify, which you seek to avoid. By accepting a plea, you make any trial unnecessary.

But plea bargains aren’t always a great deal. Cons include:

• Conviction. You will have a conviction on your criminal history. That can make life tough, such as when you apply for a job and need to explain your criminal history.
• Loss of appeal rights. A defendant can only appeal a plea bargain in narrow circumstances, so you lose the ability to win your case on appeal.
• Loss of civil and other rights. A felony conviction can result in the loss of certain rights, such as the right to vote while you are completing your sentence.

Should You Accept a Plea Deal?

For some defendants, a plea bargain is the best possible outcome. For others, pleading guilty could be a serious mistake because there are more attractive options in play.

Attorney Yarborough always carefully reviews a plea deal to judge whether it is in a client’s best interests. Some considerations include:

• Strength of the evidence. Is the case against you airtight? If so, pleading guilty to a reduced charge might be the best option for avoiding decades in prison. However, if the evidence is weak, you might want to take a chance at trial or have your lawyer continue to argue that the charges should be dropped.
• Prior criminal history. Someone with one or more serious crimes on their record could face life in prison under South Carolina law. Accepting a plea deal could be one way to avoid this punitive sentence.
• Eligibility for pretrial diversion/intervention. Some defendants will qualify for diversion or intervention programs, which are more attractive options than a guilty plea.

Talk over your options with your defense attorney. Ultimately, whether to accept a plea belongs solely to the defendant. A lawyer can offer advice, backed up by decades of experience, but the criminal defendant makes the final call.

Can You Negotiate a Plea Deal on Your Own?

A criminal defendant should hire a knowledgeable lawyer to negotiate any plea. A lawyer has a better grasp of what kinds of plea deals the Solicitor’s Office accepts. Attorney Yarborough has practiced criminal law for more than 30 years and is intimately familiar with the art of negotiation.

A defense lawyer is also wise to the ways evidence might be weaker than the prosecution claims. For example, a key witness could have a felony conviction in their history, which could result in impeachment at trial. Or your lawyer sees that police lacked probable cause for a search, which means a judge might suppress evidence. If we just tug at certain pieces of evidence, an entire case can unravel.

By highlighting the weaknesses of the state’s evidence, we put pressure on prosecutors to offer the most generous plea deal possible. A non-lawyer will likely be less successful negotiating plea bargains because they can’t accurately gauge the strength of the evidence.

The Defendant’s Role in the Plea Bargain Process

Although your lawyer will take the lead, a criminal defendant can help their case by:

• Keeping their nose clean. Don’t get picked up for any more crimes, not even traffic tickets. And if you are subject to a restraining order, then follow it carefully.
• Following the conditions of bail. Don’t jump bail or violate it in any way. The state might refuse to plea bargain.
• Avoiding public statements about the crime. Some defendants make social media posts that accidentally include incriminating information. There is no reason to strengthen the state’s case against you during the plea-bargaining process.

Hire an experienced defense lawyer to negotiate on your behalf. Another consideration for the prosecution is the likelihood that the defendant puts up a stout defense at trial. If your lawyer is inexperienced and disorganized, the prosecution has little to fear.

Speak with a Greenville, SC, Criminal Defense Lawyer

Were you picked up for a crime and need legal representation? You have come to the right place. Attorney William G. Yarborough has practiced criminal defense for more than 30 years and has defended hundreds of clients. Contact us today for a private consultation.