If you have been accused of a crime, the government has likely offered you a plea bargain. Deciding how to plead in your case can be a difficult, life-altering task. Here are three tips to help you make an informed decision:
1. Know Your Rights
When anyone has been accused of a crime, the United States Constitution grants them certain rights to protect them against unfairness and oppressive government. These rights include the right to an attorney if you are unrepresented, a right to a speedy trial before a jury of your peers, a right against self-incrimination, and the right to confront your accusers.
Some people may assume that defending a criminal case is an extremely difficult uphill battle. In some instances, this is the case. However, before you plead innocent or guilty, remember that you have a right to an attorney who will represent you in front of a jury. Depending on the facts of your case, it is possible that the government does not have enough evidence to convict you. If you plead guilty before trial, you waive your trial rights and are automatically convicted of the crime for which you have plead.
2. Know What You Are Getting
Plea bargains may be good deals depending on your situation. Often times during the plea bargaining process, the prosecutors will offer lesser criminal charges in exchange for a guilty plea. This means that sentences may be lighter than if you are convicted by a jury. Prosecutors can negotiate with defense attorneys concerning the amount of jail time, probation, community service, or other punishments the defendant should go through. This can be a better option for criminal defendants because they can determine their future without leaving it in the hands of the judge or jury.
If you are guilty and believe the government has enough evidence to convict you, it may be in your best interest to accept a plea deal. Pleading guilty is also a good way to avoid the headaches, fatigue, and costs that can be associated with criminal trials.
3. Know What You Are Giving Up
When you plead guilty to a crime, the main thing you are giving up is the chance to be acquitted, or found not guilty. Once you plead guilty, you will have a record of conviction for the charges you plead guilty to. However, if you turn down the plea bargain, you will have a shot at proving to a jury that you are innocent. Many people who feel they are innocent do not want to plead guilty. By turning down a plea bargain, you could possibly be completely acquitted.
Conclusion
Knowing your rights and all the possibilities is the best way to make an informed decision of whether to accept or deny a plea bargain. In all instances, make the decision that is best for you and your case. Do not hesitate to consult with an attorney (like those at Medeiros & Associates) who could help you determine how to plead.
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