
Defendants' Incentives for Accepting Plea
Bargains
From the Nolo.com Criminal Law Center
A discussion of the most common reasons why a defendant
might want to enter into a plea bargain.
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.
Another fairly obvious benefit that defendants can reap from plea bargaining
is that if they're represented by private counsel, they can save a bundle
on attorney fees. It almost always takes more time and effort to bring
a case to trial than to negotiate and handle a plea bargain.
There may be other benefits as well:
Getting Out of Jail. Defendants who are held in custody -- who
do not qualify for
release on their own recognizance or who either do not have the right
to bail or cannot afford bail -- may get out of jail immediately following
the judge's acceptance of a plea. Depending on the offense, the defendant
may get out altogether, on probation, with or without some community service
obligations. Or, the defendant may have to serve more time, but will still
get out much sooner than if he or she insisted on going to trial.
Resolving the Matter Quickly. This has the intangible benefit,
touched on above, of providing resolution to the stress of being charged
with a crime. Going to trial usually requires a much longer wait -- and
causes much more stress -- than taking a plea bargain.
Having Fewer or Less Serious Offenses on One's Record. Pleading
guilty or no contest in exchange for a reduction in the number of charges
or the seriousness of the offenses looks a lot better on a defendant's
record than the convictions that might result following trial. This can
be particularly important if the defendant is ever convicted in the future.
For example, a second conviction for driving under the influence (DUI)
may carry mandatory jail time; whereas if the first DUI offense had been
bargained down to reckless driving, there may be no jail time for the
"second" DUI.
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 prove to
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. This can have a major impact
on the defendant's relationship with friends and family. Perhaps even
more critical, sometimes defendants convicted of stigmatizing offenses
may be at a greater risk of being harmed (or killed) in prison than if
they are convicted of an offense that doesn't carry the same stigma.
Avoiding Hassles. Some people plead guilty -- especially to routine,
minor first offenses -- without hiring a lawyer. If they waited to go
to trial, they would have to find a good lawyer and spend both time and
money preparing for trial.
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 keep their names out of the public eye.
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 at 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.
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