Why are plea bargains necessary

Depending on the offense, the defendant may get out altogether or 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 the case had gone to trial. Even if the plea results in the defendant being moved from jail to prison, even this may occasionally be a benefit. A move to prison can be a step up if the jail conditions are worse than prison conditions. And convicts in prison may have privileges that defendants awaiting trial in jail don't have. Furthermore, even when defendants go to prison, there is some intangible benefit to simply having resolution—knowing how long they will be in, rather than spending what may feel like endless hours waiting around in jail.

Getting the matter over quickly. This has the intangible benefit, touched on above, of providing resolution to what is almost always a stressful event being charged with a crime.

People who are charged with a crime while on vacation, for example, might opt for a plea bargain in order to get back home sooner. And defendants with jobs who are charged with minor offenses may prefer to resolve the case in one court appearance rather than missing work repeatedly.

Going to trial usually requires much more time in court than a plea bargain. 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 convicted in the future. 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. 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. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Moving cases along, and making sure that there's room in the jails and prisons for truly bad actors, are two reasons why plea bargaining is part of the system.

Overcrowded Jails and Prisons Because jails are overcrowded, judges may face the prospect of having to let convicted people housed in the same facilities as those awaiting trial out before they complete their sentences. Overcrowding in California The overcrowding issues extend to prisons, too. 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. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance.

Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions.

Related Products More. Criminal Law: A Desk Reference.