If you have been caught and arrested when involved with a crime, the chances are you will face a number of charges. If you are convicted you could end up in prison or doing jail time as well as been given a hefty fine to pay. Some penalties may involve you being forced to do community service or being put on probation for a considerable period of time. A plea bargain is an agreement drawn up between the prosecutor and the defendant in which the latter agrees to admit guilt in exchange for being offered a lesser sentence.
Why a plea bargain is reached
The prosecutor could decide to offer a plea bargain for several reasons. One of these is that the jails in Florida are suffering from overcrowding. So, with a plea bargain, there is more chance that the defendant won’t have to face this situation. On occasions, a defendant could be overcharged, which means that the defendant has too many charges. Additionally, the prosecutor could decide to lower your charges as long as you plead guilty.
There are two main kinds of plea bargains which are:
• charge bargaining; and
• sentence bargaining.
Charge bargaining takes place as a way of reducing, or even dropping, some of the charges that have to be faced. This means it’s possible for you to offer a guilty plea for the charges that typically attract lighter penalties.
Sentence bargaining takes place when the prosecutor reaches an agreement to suggest a lesser penalty if the defendant pleads guilty. For example, when a charge bargain takes place it is when the prosecutor reaches an agreement to let you plead guilty. Sentence bargaining could happen if the prosecutor reaches an agreement to lower the punishment when you plead guilty. Both types of bargaining can be beneficial in certain circumstances.
There are several factors to think about before agreeing to a plea deal. Firstly, you need to have an understanding of the possible consequences of submitting to a guilty plea when compared to the likely sentence if you were found to be guilty of the original charges. Also, accepting a plea deal means that you are required to plead guilty to some of the charges that will stay on your criminal record. Sometimes it is sensible to accept a plea deal but at other times it doesn’t benefit you at all. If you think you have a high chance of winning at trial you might prefer to turn down a plea deal and take your chances before a jury. If at the trial you were found to be not guilty you won’t attract a criminal record.
How to negotiate a plea bargain
A plea bargain is arranged through negotiations taking place between both your criminal defense attorney and the prosecutor. When your defense attorney is taking part in the negotiations you, the defendant, will have to decide one way or another whether you should accept the plea bargain offer. This is when an experienced criminal defense attorney steps in to help you negotiate the best deal. You can contact Miami criminal defense attorney, Albert Quirantes, at 305-644-1800.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.