Plea bargaining plays a crucial role in resolving criminal cases in Connecticut and throughout the United States. In fact, more than 90% of all criminal cases are resolved through a plea bargain. For individuals charged with a crime in Connecticut, understanding this cornerstone of the American criminal legal system is critical.
Fundamentally, a plea bargain is a negotiated resolution to a criminal case. It is the result of negotiations between the prosecutor and defense lawyer in which the defendant agrees to plead Guilty or No Contest to specific criminal charges, typically in exchange for the prosecution’s recommendation that the judge impose a more lenient sentence or a reduction in the number or seriousness of the charges. In some situations, a criminal defendant may agree to testify against another defendant as part of the plea bargain.
The judicial system is often overburdened by large caseloads. Plea bargaining can increase judicial efficiency by resolving criminal cases without the need for a trial. By allowing a defendant to plead guilty, the prosecutor can resolve cases more efficiently, freeing up time to focus on other cases. By streamlining the legal process, plea bargains offer a less emotionally challenging path that can spare victims and witnesses the strain of a trial and foster a more compassionate resolution to a legal matter.
There are two general types of plea bargains: charge plea bargaining and sentence plea bargaining.
Charge plea bargaining involves negotiating for a reduction in the severity of the charges, which typically results in a less severe penalty. Charge plea bargaining is common in felony cases where a defense attorney may negotiate a plea to a misdemeanor for a defendant who was charged with a felony. Charge plea bargaining is also available in misdemeanor cases, where a defendant might agree to plead guilty to a lesser charge.
Sentence plea bargaining occurs when a defendant pleads guilty to a particular charge in exchange for a less severe sentence. When negotiating for a lighter sentence, remember that the plea is entered in exchange for the prosecutor’s recommendation that the judge impose a less severe sentence. While the judge ultimately decides the sentence to impose, they typically follow the prosecutor's recommendation for lighter penalties.
Sentence plea bargaining can also involve negotiating for less burdensome probation terms, and a defense attorney can work to negotiate for probation terms that best serve their client’s needs.
Plea bargaining is a negotiation between the prosecutor and the defense attorney to resolve a criminal case. It can begin as early as arraignment, and a criminal case can be resolved through a plea bargain up until the jury announces its verdict.
Many criminal cases are resolved after discovery is complete and the defense attorney has explored all potentially viable defenses. The prosecutor and defense attorney must evaluate the strengths and weaknesses of their respective cases. If the prosecutor’s case is strong, they are less likely to accept a plea bargain. But if the defense attorney has advanced defenses that weaken the prosecutor’s case, such as presenting an alternate theory of the case or having evidence excluded on technical grounds, the prosecutor might be more willing to agree to a favorable plea deal.
For defendants, the advantages of a plea bargain can be significant. A defendant can often achieve a quicker and more cost-effective resolution to their case by agreeing to a plea bargain, often in exchange for a less severe sentence than they might face if convicted after a trial. Additionally, the certainty of a negotiated plea bargain allows a defendant to maintain some control over the outcome of their case and avoid the uncertainty of a trial.
Despite its advantages, plea bargaining has significant drawbacks. Defendants who accept a plea bargain, even to reduced charges, will still have a criminal record. This can impact the defendant’s employment opportunities and housing options, sometimes long after the case is closed.
Accepting a plea bargain also means waiving important legal rights, including the right to a trial by jury, the right to confront and call witnesses, and the option to appeal.
Many defendants feel pressured to accept a plea bargain, especially if they lack legal representation. A defendant may feel the need to accept a plea deal out of fear of facing a more severe penalty if they take their case to trial and are found guilty.
The widespread acceptance of plea bargaining also raises questions about the fairness of the judicial system, where similar crimes receive dissimilar punishments based on the negotiating skills of the parties rather than the facts of the case. Critics of plea bargaining point out that the emphasis on resolving cases quickly can mean evidence may not be thoroughly evaluated, leading to wrongful convictions.
Deciding whether to accept a plea bargain requires careful evaluation of your options, the potential risks of a trial, and the desire to avoid an uncertain outcome. Every case is unique, and what might be a good plea bargain in one situation might not be appropriate in another. Ultimately, a plea bargain represents a compromise that can provide a more definite resolution and allow a defendant to anticipate and prepare for the likely outcome in their case.
An experienced defense attorney can protect your rights, work to increase the likelihood of favorable plea negotiations, and guide you to an optimal resolution in your case.
The Lebedevitch Law Firm represents individuals charged with crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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