Posted On: December 1, 2009 by Pensky & Kim

What Defendants Should Know About Plea Bargains

In most situations, criminal cases end in plea bargains from the court. Miami-Dade criminal lawyers can help during this tough time and help their clients understand the offer. Plea bargains happen before the case goes to trial, and the sentence is almost always lesser than it would be if the client goes to trial. Most Miami-Dade criminal defense attorneys will persuade their client to accept the plea bargain because there is a chance the offense can be dismissed from their record.

Why the Accused is Offered a Plea Bargain

Any outcome for a client and their case is unpredictable. Fortunately, this is why the state will offer the Miami-Dade criminal lawyers and their client a plea bargain. In the end, the accused receives punishment and they are proven guilty.

Statistics show that about 90% of convictions end in the offered plea bargains, and the rest of the clients have their case taken to trial. Some of the benefits of accepting the plea bargains are:

• The matter is resolved quickly. Taking the case to trial can be a long, stressful process.

• Getting out of jail: If the criminal is in custody and has no chance or opportunity to be bonded out, then a plea bargain is the other option for jail release.

• Fewer offenses on the criminal’s record.

• Keeping others safe: Some individuals will take the fall in a crime to keep the other people involved safe and out of trouble. When this happens, the state will not question the other individuals that were accessories to the crime.

It is very common for a judge to offer the Miami-Dade criminal defense attorney and his or her client a plea bargain when the jails are overcrowded. This is especially true if the accused is not looking at spending much time in jail anyways.

Types of Plea Bargains

There are a couple of plea bargains that are common among the court system. The most offered one is a charge bargain, and the second is a sentence bargain.

• Charge bargain: This occurs when the defendant is offered, by the prosecutor, to “plead guilty to a lesser charge.” In some cases, the defendant can plead guilty to only a few of the charges that he or she received.

• Sentence bargain: Many jurisdictions do not use this bargain much, but if they do then the prosecutor informs the defendant beforehand what the sentence will be before a plea of guilt. This usually allows the prosecutor to convict the defendant with the charge that is most serious, but they will still receive an acceptable sentence.

The prosecutor has the authority to revoke the defendant’s plea bargain if he or she does not complete all of the duties that are involved such as community service or specific classes. Miami-Dade criminal defense attorneys can help in every situation and use all the years of experience to help the client receive the less harsh punishment. Call (305) 571-9800 to speak to one of the attorneys, the call can save your criminal record.