What’s Better: A Plea Bargain or a Trial?
According to an old saying, a bird in the hand is worth two in the bush. Like most aphorisms, this one is usually true, but certainly not always true.
In this context, the bird in the hand is a favorable plea bargain agreement, and two in the bush is a more favorable result at trial, like a not-guilty verdict. So, plea bargains resolve over 95 percent of the criminal cases in Hillsborough County. Life is full of risks. Adding another one by going after the two birds in the bush is usually a bad idea. However, that’s assuming the plea bargain agreement is truly favorable. More on that below.
Defendants shouldn’t rely on old sayings and statistics when their futures are at stake. Instead, defendants should work with a good Tampa criminal defense lawyer who thoroughly evaluates a case and assertively advocates for you.
Plea Bargain Pros and Cons
A word of caution before we go further. This post examines some general pros and cons of trials and plea bargains. Only a Tampa criminal defense lawyer can accurately assess the pros and cons in a particular case. Always rely on that advice.
Plea agreements are usually the best option if an attorney thoroughly prepared the case, mostly because plea agreements end cases sooner and deliver guaranteed outcomes (at least in most cases).
To get the best deal during pretrial settlement negotiations, an attorney must prepare the case almost as if the case was going to trial. All possible procedural, substantive, and/or affirmative defenses must be identified.
For example, in a sex crimes case, an illegal interrogation is a procedural defense, a lack of evidence (like a he-said, she-said case) is a substantive defense, and consent is an affirmative defense.
This foundation puts a lawyer in the best possible position to obtain a favorable plea agreement and take advantage of the other two benefits.
Defendants might wait several months, or even longer, for trial dates. But the court might hear a plea agreement as soon as the defendant is ready to go before the judge. Defense attorneys and prosecutors have almost unlimited discretion when making a deal. Judges have veto power, but they rarely exercise this power.
Now, for the downside. Plea bargain agreements are difficult or impossible to appeal. Furthermore, the negotiations occur behind closed doors. Defendants have little or no input, other than their ability to say yes or no to a deal. Finally, if the defendant wants to “get it over with” and the case settles too quickly, that settlement might not account for all collateral criminal consequences, like registration requirements in a sex crimes case.
Criminal Trial Pros and Cons
A trial helps defendants feel like they had their “day in court” and their lawyers tried the best they could to successfully resolve the case. Furthermore, at a trial, everything is transparent, except jury deliberations.
Uncertainty and extended time delay are the biggest trial cons. In fact, the uncertainty and delay are such significant drawbacks that, as mentioned above, very few cases go to trial nowadays.
Some resolutions combine pleas and trials. For example, a judge might rule on a procedural defense during a pretrial hearing. If the judge rules against the defendant, a plea is probably the best option.
Reach Out to a Hard-Working Hillsborough County Attorney
A plea is usually, but not always, the best resolution option in criminal court. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
bjs.ojp.gov/library/publications/business-state-trial-courts
