lawyer discussing about plea deals

How Lawyers Handle Plea Deals

Plea deals, also known as plea bargains, can present a viable option for resolving a case. A plea deal is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge or receive a more lenient sentence in exchange for avoiding a trial.

How do lawyers handle these cases, and what is the most common plea deal strategy? Let’s discuss.

Plea Deal Basics

Court trials can be costly, but plea deals allow defendants to avoid the uncertainty and expense of a trial by negotiating with the prosecution. These are the three most common types of plea deals:

  1. Charge Bargaining
  2. Sentence Bargaining
  3. Fact Bargaining

Charge bargaining is when the defendant pleads guilty to a lesser charge, and in return, more serious charges are dropped. Sentence bargaining is when the defendant pleads guilty in exchange for a lighter sentence. This plea deal strategy can help avoid the harsher penalties that might come with a conviction at trial.

Fact bargaining is less common. It involves the defendant agreeing to plead guilty but disputing some facts in the case, which can result in a lighter sentence. Understanding your options is critical because not all situations are created equal. The right approach can make a significant difference in how much time you spend incarcerated or whether you face long-term consequences.

How Lawyers Negotiate Plea Deals

Negotiating a plea deal is a delicate process that requires a deep understanding of the law and the unique circumstances of each case. Thus, experienced lawyers typically start by reviewing the evidence, assessing the strength of the prosecution’s argument, and considering the defendant’s goals. Here are some plea deal strategies they might use:


#1. Building Leverage

A lawyer must first understand their leverage before entering plea deal negotiations. This could include weaknesses in the prosecution’s case, such as unreliable witnesses, questionable evidence, or procedural errors. The defense can push for a better plea deal by identifying these weaknesses and creating pressure for a more favorable bargain.

#2. Understanding Client Priorities

Every case is different, and every client has unique priorities. For some, avoiding jail time is paramount, while others may be more concerned about maintaining a clean criminal record. Experienced lawyers can customize plea deal strategies based on these concerns.

For example, if avoiding a felony conviction is important, the lawyer may focus on charge bargaining to reduce the severity of the offense. However, if the evidence is overwhelming, lawyers may focus on sentence bargaining to secure a more lenient punishment.

#3. Mitigating Circumstances

Lawyers often use mitigating factors to negotiate better plea deals. This could include presenting evidence of the defendant’s good character, lack of prior criminal history, or difficult life circumstances that led to the criminal behavior. In some cases, showing that the defendant is seeking rehabilitation can result in a more favorable outcome.

#4. Communication with Prosecutors

The relationship between the defense attorney and the prosecutor plays a critical role in plea deal strategies and negotiations. Lawyers who have a good rapport with prosecutors can often negotiate more effectively. Open and respectful communication helps both sides work together and find a resolution that avoids a trial but also serves justice.

Curious about which plea deal strategy works best for your case? Contact legal experts at Lamb & Turner to schedule a consultation.

When a Plea Deal Isn’t the Best Option

While strategic plea deals can be advantageous, they are not always the best approach. A lawyer’s role is to evaluate whether a plea deal is in the client’s best interest. Sometimes, going to trial is a better option, particularly if the prosecution’s case is weak or the penalties associated with the plea deal are excessive.

Furthermore, if a defendant maintains their innocence and the evidence against them is shaky, a lawyer may advise against a plea deal, opting instead for a trial. A plea deal requires a guilty plea, and for innocent defendants, accepting such a deal can have lasting consequences, including a criminal record, loss of certain civil rights, and difficulty finding employment.

In some cases, a plea deal may offer little advantage, especially if the defendant has a strong defense. An experienced lawyer will weigh these factors carefully and advise clients accordingly.

Conclusion

Plea deals are a practical solution for many defendants facing criminal charges, but they are not a one-size-fits-all answer. The right plea deal strategy depends on case specifics, client goals, and prosecution case strength.  

The plea deal negotiation process is complex and requires agility to understand the legal system, assess the risks, and communicate effectively with prosecutors. Secure an outcome that protects your rights and your future. Contact Lamb & Turner for more information.