how does plea bargaining affect defense attorney

Plea bargaining allows defense attorneys to increase their efficiency and profits, because they can invest less time on plea-bargained cases. Disposing of cases efficiently is important for both public and private attorneys.

Full Answer

What does a plea bargain attorney do?

Plea bargaining requires that your defense attorney be well-versed in the facts and circumstances of your case, the strength and weaknesses of the evidence, possess a strong knowledge of the law and be aware of the character and tendencies of the prosecutor and judge.

Is plea bargaining an effective way to discharge a criminal case?

The President's Commission on Law Enforcement and Administration of Justice has observed, "Whether or not plea bargaining is a fair and effective method of disposing of criminal cases depends heavily on whether or not defendants are provided early with competent and conscientious counsel."

What are the pros and cons of plea bargains?

Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.

Is the defense attorney the equalizer in plea bargaining?

Judge J. Skelly Wright has described the defense attorney as the "equalizer" in the bargaining process. 2 Professor Donald J. Newman, the author of a comprehensive American Bar Foundation study of plea negotiation, has reported that the presence of counsel

What impact does plea bargaining have on the defendant?

In plea bargains, prosecutors usually agree to reduce a defendant's punishment. 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.

Who benefits the most from plea bargaining?

defendantThe most obvious benefit is the savings in time and expense to the parties, the court, and the public. In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense.

Who is affected by plea bargaining?

The vast majority of criminal cases are resolved through a plea bargain well before trial. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than the one for which they would stand trial. There are a number of reasons why a defendant may do this.

Do defendants benefit from plea bargaining?

For defendants, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and avoid the maximum sentence that a conviction at trial could mean. Accepting a plea bargain could also save you a lot of money on attorney's fees if there is a strong likelihood of a conviction anyway.

What are disadvantages of plea bargaining?

Some disadvantages of plea bargains include:The defendant does not have the opportunity to have their case decided by a jury.It could lead to convictions of innocent people. ... Judges may not always approve a plea bargain. ... The victim of the crime could feel that the sentence is too light for the defendant.More items...•

What are pros and cons of plea bargaining?

However, they must also be aware of the disadvantages.Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:Lighter Sentence. ... Reduced Charge. ... The Case Is Over. ... Disadvantages. ... Avoiding Problems with Prosecution's Case. ... No “Not Guilty” Result. ... Possibility of Coercion.More items...

Can a judge reject a plea deal?

The trial judge has the power to accept or reject any proposed plea agreement.

Which of the following is a criticism of plea bargaining?

Some critics of plea bargaining argue that the process is unfair to criminal defendants. These critics claim that prosecutors possess too much discretion in choosing the charges that a criminal defendant may face.

Is plea bargaining fair to the victim?

Dealing to Protect the Victim In fact, the plea bargain shields victims so that they do not have to relive the ordeal or be questioned by hard-hitting defense teams, which can often provoke more suffering.

What are the benefits of accepting a plea bargain?

The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class.

Why do prosecutors engage in plea bargaining?

Plea bargains also allow prosecutors to offer good deals to a defendant who could help them in another case. For instance, they can offer a deal to someone who, though guilty, is prepared to give testimony about a codefendant or help resolve some other unsolved case.

What are the advantages of allowing defendants to plea to reduced charges sentences?

Possibly result in fewer (or less serious) offenses on your record. The decision to plead guilty (or no contest) may reduce the total charges or result in a reduction of the charge's seriousness. The possibility of receiving the maximum sentence for the offense is greatly reduced.

What is plea bargaining?

Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals. The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial. In cases in which evidence for ...

Why do people use plea bargains?

Plea bargains allow victims to avoid testifying in court , which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.

Why do innocent defendants sometimes agree to plea bargains?

Still others argue that innocent defendants sometimes agree to plea bargains because they are bewildered by the justice system and do not know what to do.

Why do defense attorneys threaten to file pretrial motions?

Defense attorneys may threaten to file many pretrial motions or to present an exceptionally zealous defense if prosecutors will not cooperate. Judges also benefit from plea bargaining. The practice allows judges to preside over efficient trials, to minimize the risk of rulings being overturned on appeal, and to avoid the necessity ...

Can a defendant accept a plea bargain?

Some defendants, both guilty and innocent, may accept bargains that seem beneficial to them, especially if they have been detained before trial and if accepting the bargain would mean getting out of jail (e.g., an offer of “time served”). Sometimes even victims prefer plea bargains to trials.

Do plea bargains have to be approved by judges?

Although plea bargains must be approved by judges before whom they are brought, judges rarely refuse approval unless they feel that the defendant is legally innocent or has been coerced into pleading guilty or unless the bargain calls for a penalty that the judge believes is excessively harsh or lenient.

What is plea bargaining?

Plea bargaining refers to the negotiations between prosecutors and defense lawyers on how to resolve criminal charges. Plea bargaining results in defendants' pleading guilty or nolo contendere (a plea in which the defendant does not contest the charges, but which carries the same primary consequences as a guilty plea) in return for ...

What are the advantages of bargaining?

A bargain has the obvious advantages of certainty and reduction of risk. The defendant avoids the risk that: 1 a trial will uncover evidence that is even more damning (resulting in the possibility of added, harsher charges) 2 the jury will find him guilty, and 3 the judge will "throw the book" at him.

What happens when a judge signs off on a deal?

Sometimes, the bargaining will involve the judge from the outset, and when that happens and the judge signs-off on the deal, the sentence is set. But often the deal will involve only a promise that the prosecutor will not ask for a sentence greater than a certain amount.

What happens when a prosecutor does not agree to a settlement?

Victims and the public may be angered at a settlement for a crime they think deserves the full force of the prosecutor's efforts. And when the deal does not include a specified, agreed-upon sentence, the prosecutor may end up unpleasantly surprised when the judge hands down a lenient punishment.

How do judges settle cases?

Judges are sometimes part of the negotiation process as well. The vast majority of cases are settled by plea bargaining, which can begin as soon as charges are filed and continue right up to the jury's verdict.

What happens when a trial is settled?

the judge will "throw the book" at him. From the prosecutor's point of view, a settled case will clear the trial calendar, leaving room for other cases.

Can a prosecutor agree to a lighter sentence?

Not every case can be bargained "down." In some instances, where the statute provides for a mandatory minimum sentence, the prosecutor cannot agree to a lighter sentence. For example, statutes proscribing driving under the influence of drugs or alcohol often specify that increased penalties will apply for repeat offenders; and certain assault crimes carry an enhanced sentence when the victim was a child or other protected person. In these situations, the prosecutor may be able to reduce the charges (to reckless driving or a lesser assault, for example). But, without reducing the charges, the prosecutor wouldn't be able to promise a lighter sentence than the minimum specified for the original charge.

What is the benefit of plea bargaining?

For most defendants, the principal benefit of plea bargaining is receiving a lighter sentence for a less-severe charge than might result from taking the case to trial and losing.

Why do judges accept plea bargains?

For judges, the primary incentive to accept plea bargains is to move along their crowded calendars. Most judges simply don’t have time to try every case that comes through the door. Defendants' Incentives for Accepting Plea Bargains. The crowding of criminal courts puts pressure on judges and prosecutors to resolve cases quickly.

What is plea bargain?

A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for an agreement by the prosecution. In a typical plea bargain, the defense lawyer and prosecutor confer, and one or the other proposes a deal.