Why is plea bargaining important

For example, a second DUI conviction may carry mandatory jail time, but if the first DUI offense had been bargained down to reckless driving for example , there may be no jail time for the second DUI arrest.

Even for people who are never rearrested, getting a charge reduced from a felony to a misdemeanor, or from a felony that constitutes a strike under a "three strikes" law to one that doesn't, can be a critical benefit. Some professional licenses must be forfeited upon conviction of a felony. Future employers may not want to hire someone previously convicted of a felony.

Felony convictions may be used in certain court proceedings even civil cases to discredit people who testify as witnesses. Felons can't own or possess firearms.

And in many jurisdictions, felons can't vote. Having a less socially stigmatizing offense on one's record. Prosecutors may reduce charges that are perceived as socially offensive to less offensive charges in exchange for a guilty plea.

For example, a prosecutor may reduce a molestation or rape case to an assault. Conviction of the lesser charge in this instance may allow the defendant to avoid having to register as a sex offender for the rest of his life.

Also, a lesser offense may lessen the likelihood that family members and friends will stigmatize a defendant. Of more immediate concern, sometimes defendants convicted of stigmatizing offenses are at a greater risk of being harmed or killed in prison. Avoiding hassles. Some people plead guilty, especially to minor first offenses, without hiring a lawyer.

If they waited to go to trial, they would have to find and hire a lawyer, spend at least some time working with the lawyer to prepare for trial, and pay the lawyer.

Avoiding publicity. Famous people, ordinary people who depend on their reputation in the community to earn a living, and people who don't want to bring further embarrassment to their families all may chose to plead guilty or no contest to get and keep their names out of the paper as quickly as possible. While news of the plea itself may be public, the news is short-lived compared to news of a trial. And rarely is a defendant's background explored in the course of a plea bargain to the extent it may be done in trial.

Keeping others out of the case. Some defendants plead guilty to take the blame sometimes called the "rap" for someone else, or to end the case quickly so that others who may be jointly responsible are not investigated.

Avoiding deportation. Noncitizens who plead guilty may be deported after they have finished serving their misdemeanor or felony sentences. Defense lawyers must inform noncitizens that deportation is a potential consequence of a guilty plea Padilla v.

Kentucky , U. For noncitizens charged with crimes, therefore, pleading guilty to an offense that reduces the likelihood of deportation is another potential benefit of plea bargaining. Berman, J.

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Grow Your Legal Practice. Meet the Editors. The Benefits of a Plea Bargain. A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. Benefits of Moving From Jail to Prison Even if the plea results in the defendant being moved from jail to prison, even this may occasionally be a benefit. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

Legal Information. They often accomplish this by reducing the number of charges of the severity of the charges against defendants. They might also agree to recommend that defendants receive reduced sentences. Some plea bargains require defendants to do more than simply plead guilty. For example, prosecutors often offer favorable plea bargains to defendants who agree to testify for the state in cases against other defendants.

According to the Department of Justice's Bureau of Justice Assistance, " The overwhelming majority 90 to 95 percent of cases result in plea bargaining. In some jurisdictions , prosecutors and defendants can work with judges to predetermine what sentence the defendants will get if the defendants accept plea bargains.

Similarly, federal judges may not be directly involved in plea bargain negotiations. Although plea bargaining allows the criminal justice system to conserve resources, the plea bargains are controversial.

Some commentators oppose plea bargains, as they feel that plea bargains allow defendants to shirk responsibility for the crimes they have committed. Others argue that plea bargains are too coercive and undermine important constitutional rights.

Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments : the right to a jury trial , the right against self-incrimination , and the right to confront witnesses. The Supreme Court , however, in numerous cases such as Brady v.

United States , U. McCarthy v.