Many of our readers in Texas probably know that most criminal cases are resolved either through plea agreements or outright dismissal of charges. Although bench and jury trials occur frequently, it would be a huge burden on the criminal justice system if every single criminal case were to go to full trial.
Plea bargain basics
Every criminal case is different – different facts, different charges and different potential consequences for a conviction. In light of those circumstances, it is easy to see how the decision on whether or not to engage in negotiations to attempt to reach a plea bargain comes down to the specific, unique factors present in any given case.
If you have reached a point where, for whatever reason, you believe that a plea bargain might be your best option in your criminal case, be sure to go into those negotiations with a clear view of what you might achieve.
In short, a plea bargain generally consists of an agreement between the prosecution and the criminal defendant to plead guilty to certain crimes charged in exchange for a lesser potential sentence. But – and this is important – that isn’t always the case.
For example, sometimes, the prosecution may only agree to an “open” plea, meaning that the prosecution will not make a sentencing recommendation to the court. And, of course, there can be many other varying arrangements in a plea deal, depending upon the circumstances in the case at hand.
But, in short, a plea bargain usually benefits the defendant in some way – lesser or different charges, lesser sentence, etc. – while saving the prosecution the time, resources and effort of proving the charges in a trial. The decision to enter into a plea bargain is not one to take lightly.