Negotiating for a plea bargain deal to lower the charge of the prosecution or get a lighter sentence from the court is a common recourse of the defendants whose cases can hardly be defended for when brought on to trial considering the circumstances involved. But the offer or acceptance of the agreement, however, is not automatically granted by the judge for there are rules to which such must accord to be held reasonable or valid. And as such, it is thus important for the defendant to be assisted or guided by a lawyer before going through the process which may only lead to either rejection or modification that might not be favorable to the interest of any or both of the parties. Anyhow, it is not only the assistance of attorney that is essential because the accused should also be aware of these things before accepting or entering into plea bargaining agreement:
Types of Plea Bargaining
There are two types of plea bargaining from which the defendant can choose or take; namely, charge bargaining and sentence bargaining. In the former, the prosecution agrees to reduce a charge to less serious offense or withdraw some charges as a trade to the plea by the accused. On the other hand, the latter is resorted to as a method where the prosecution agrees to suggest a lighter sentence for specific charges in case the defendant pleads no contest or guilty.
As practiced in most jurisdictions, a plea bargaining can be initiated at any stage of the criminal justice process. But the defendants working with Sarasota dui usually find it ideal to negotiate a deal after the arrest or the filing of charges by the prosecution, or when the trial leads to a hung jury where the jurors cannot agree in one decision. Further, when the decision had already been laid down and the case is on appeal, the same action can be initiated by the defense given only that there is approval by the prosecution.
Pleading No Contest In Lieu of a Guilty Plea
This type of plea bargain usually results to the conviction of the accused, but generally, the consequence may still depend on the plea bargain agreement reached by the defense and prosecution and as approved by the judge. Nevertheless, if there is a civil case filed by the victim after the defendant pleaded, the plea cannot be used as evidence against the latter to mean as admission of guilt; hence, it is noted to be favorable for the defendants who are expecting a civil lawsuits from the aggrieved parties.
Consequences of Plea on Criminal Record
Although the defendant can avoid serving harsher penalties like long-period of incarceration, it is still inevitable that the no contest plea made would result to conviction which will be put on the criminal record. However, the defendant may also be allowed to expunge or seal the record depending on the type or degree of the offense or the circumstances involved in the case. Meanwhile, aside from the bad record, the defendant will also lose some rights or privileges including the right to vote after the trial.
By noting these things before entering into or accepting a plea bargaining agreement, there would be less likelihood that you can make a wrong decision that might put you in a disadvantageous position.
