Plea Bargains in Juvenile Cases

For many years, trials resolved most juvenile cases. But the trial system began fading away around 1900. About that time, courts began accepting plea bargain agreements. Sometimes, judges directly control these agreements. Usually, however, judicial control is indirect, at best. More on that below.

Today, plea bargains are a central feature of modern criminal justice systems. A plea bargain is an agreement between the prosecution and the defendant in which the defendant agrees to plead guilty, usually to a reduced charge or in exchange for a more lenient sentence. This process offers significant advantages to courts, prosecutors, and defendants, but it also raises important concerns about fairness, transparency, and the potential for coercion. More on that below as well.

Contrary to popular myth, in Florida, juvenile convictions aren’t automatically erased when a defendant turns 18 or 21. So, a Tampa criminal defense lawyer must put together a thoughtful plea bargain package that, if at all possible, ensures that a conviction doesn’t stain the defendant’s permanent record. Juvenile criminal convictions often create a lifetime of hardship.

Juvenile Plea Pros and Cons

Efficiency, for both a prosecutor and a Tampa criminal defense lawyer, is one of the primary reasons plea bargains are so prevalent.

Criminal courts face enormous caseloads, and conducting a full trial for every case would be impractical and prohibitively expensive. Since they resolve cases quickly, plea bargains conserve judicial resources and allow prosecutors and judges to focus on more serious or complex matters.

For defendants, plea bargains can serve as a way to avoid the uncertainty of trial and potentially harsher penalties. Even innocent defendants sometimes accept plea deals because the risk of being convicted at trial, and receiving a much longer sentence, is too great.

Despite their benefits, plea bargains raise a number of criticisms. One major concern is the potential for coercion.

Defendants who cannot afford strong legal representation may feel pressured to accept a plea deal, even if they have valid defenses. Mandatory minimum sentencing laws can intensify this pressure. Prosecutors may use the threat of a severe mandatory sentence to persuade a defendant to accept a lesser plea. In effect, the prosecutor basically replaces the judge as the person on charge of the case, although the judge technically has the last word in the matter.

Another concern is the lack of transparency. Plea negotiations happen outside the public eye, and the reasoning behind decisions are never fully disclosed. Unlike trials, which require the presentation of evidence and are subject to public scrutiny under the Sixth Amendment, plea bargains often occur quickly and informally.

Finally, the dominance of plea bargaining has altered the role of trials in criminal justice. Fewer trials mean fewer opportunities for judicial oversight of police practices, fewer public records of the evidence in cases, and fewer opportunities to test the prosecution’s case in an adversarial setting.

Nuts and Bolts of Plea Bargains

Charge bargaining, one of the most common kinds of plea bargains, is an agreed plea in exchange for a lesser offense. For example, a juvenile might plead guilty to simple assault if prosecutors drop aggravated assault charges.

Sentence bargaining involves a defendant agreeing to plead guilty with the understanding that the prosecutor will recommend, or the judge will impose, a specific sentence. Fact bargaining is less common but involves agreement on certain facts to limit the scope of evidence that can be introduced.

Count on a Savvy Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.