Exploring Plea Bargains: A Criminal Defense Attorney’s Perspective

Curious to see how most criminal cases actually unfold?

Did you know that 98% of all federal criminal cases end with a plea bargain and not a trial?

So, here’s the big issue:

The plea bargaining process has become so prevalent that it has made trials a rare legal spectacle. And that’s a problem for defendants, victims and the criminal justice system as a whole.

What you’ll learn:

• What Plea Bargains Really Mean For Defendants
• The Hidden Costs Of Avoiding Trial
• How Defense Attorneys Navigate The System
• The Trial Penalty That Changes Everything
• When Plea Deals Make Sense (And When They Don’t)

What Plea Bargains Really Mean For Defendants

A plea bargain is essentially a deal between the prosecutors and the defendants.

The defendant pleads guilty in exchange for some or all charges being dropped or reduced in severity by the prosecution.

This negotiation process, however, is not that straightforward.

Plea bargaining has become the heart of the criminal justice system in the United States. The key fact is when only 2% of defendants go to trial, then it’s no surprise that the process is all about plea bargains and not trials.

Here is what prosecutors usually offer:

• Charges reduced (felony to misdemeanor)
• Lesser total number of charges
• Recommendations for the judge when it comes to sentencing
• Agreement to not use the maximum sentence (or even charges)

Accepting the offer means that the defendant avoids the risk of a trial while going to trial means rolling the dice and facing the possibility of much more severe punishments.

The Hidden Costs Of Avoiding Trial

Ever wondered what the most compelling reason for defendants to accept a plea deal is?

Well, it’s called the “trial penalty” and it is exactly what you think it is.

The trial penalty refers to much harsher sentences defendants face if they lose at trial. Legal experts agree that trial sentences are, on average, about three times higher than plea sentences for the same charge. In some cases, it can be eight to ten times.

This is what creates a massive amount of pressure for defendants to take plea deals. The reason is that even innocent defendants often feel that the potential consequences of losing at trial are too high to risk.

The American Bar Association estimates that the trial penalty can add seven to nine years or more to a defendant’s sentence. This is a significant number that is going to impact most charging decisions.

But there are other hidden costs:

• Less time to review the evidence before having to make a decision
• Pressure from pretrial detention
• Waiving important constitutional rights
• Losing the opportunity to challenge the evidence
• Accepting a criminal record that will affect future employment opportunities

How Defense Attorneys Navigate The System

As a criminal defense attorney, one of the things you need to do is navigate the plea bargaining system. The only problem is that you need to balance several different and sometimes conflicting interests.

The primary goal is to protect the client’s interests. But that may look very different from case to case.

Here’s what defense attorneys need to consider:

The strength of the prosecution’s evidence matters a lot. If the case is weak and the evidence is not there, it may be a candidate for trial. On the other hand, a strong case with overwhelming evidence will most likely need to negotiate the best possible plea deal.

The client’s criminal history also plays a crucial role in plea negotiations. First-time offenders will most likely receive better offers than repeat offenders. Prosecutors are much more aggressive when it comes to stacking up the charges against defendants with prior convictions.

The client’s personal situation is important as well:

• Employment and family obligations
• Immigration status (convictions trigger deportation)
• Professional licenses that may be at stake
• The financial resources to pay for a strong defense

Good defense attorneys take time to explain the real-world consequences of different decisions. It’s not only about the jail time – it’s about how a conviction will impact someone’s life in general.

The Trial Penalty That Changes Everything

The trial penalty affects not only guilty defendants but also innocent people.

The research indicates that innocent defendants sometimes accept plea deals rather than face the severe penalties that come with losing at trial. The Innocence Project has a list of dozens of such cases where innocent people falsely pleaded guilty.

So, why does this happen?

• Faced with overwhelming evidence that later turns out to be unreliable
• Pressure from extended pretrial detention
• Fear of mandatory minimum sentences
• Dealing with overwhelmed public defenders
• Facing a lack of resources for a proper defense

The system creates incentives that nudge defendants to resolve their cases and not necessarily seek the truth. The thing is that when the penalties for exercising the constitutional rights are so severe, even innocent people are likely to choose the “safer” option of pleading guilty.

When Plea Deals Make Sense (And When They Don’t)

Plea bargains are not always a bad deal. In some instances, they can actually provide defendants with a real benefit while still serving the interests of justice.

Plea deals make sense when:

• The evidence against a defendant is overwhelming
• The offered sentence is significantly better than the one that a defendant could face at trial
• The defendant wants to accept responsibility
• A quick resolution is in a defendant’s best interests
• The deal comes with a cooperation credit or some other benefit

Plea deals, on the other hand, become problematic when:

• Defendants don’t get sufficient time to review the evidence
• The trial penalty is so severe that it coerces innocent people to plead guilty
• Prosecutors overcharge to create negotiating leverage
• Defendants cannot afford quality representation
• The system prioritizes efficiency over accuracy

The main thing is that defendants need to make truly informed decisions. It means that they need to have enough time, adequate representation, and a full understanding of the consequences.

The Future Of Plea Bargaining

The American Bar Association’s recent task force on plea bargaining developed fourteen recommendations for reforming the process. The idea was to create a system that was both more fair and more transparent.

Some of the key recommendations include:

• Full access to discovery materials before plea decisions
• Elimination of pretrial detention as a means of coercing guilty pleas
• Better data collection on outcomes
• Reducing excessive trial penalties

But the reform is not going to be an easy process. The reason is that the current system is capable of handling a large amount of caseloads with relative ease. Courts, prosecutors, and defense attorneys all depend on plea bargaining to manage caseloads.

The problem is how to create change without completely overwhelming the system.

In some states such as Texas and Pennsylvania, the trial rate is below 3%. Some jurisdictions haven’t even held a trial in years. This is no longer sustainable for a system that is based on the right to a jury trial.

The Bottom Line

Plea bargaining is a dominant feature of modern criminal justice. But it comes with a serious cost.

On the one hand, the system is efficient and it provides certainty. Cases are resolved quickly with predictable outcomes. Prosecutors can focus their resources on serious cases. And defendants avoid the expense and uncertainty of trials.

On the other hand, the costs are significant as well. The trial penalty coerces even innocent defendants to plead guilty. Police and prosecutorial misconduct go unchecked. Racial disparities become amplified. And constitutional rights become negotiable commodities.

For defendants who have been charged with a crime, it is essential to understand plea bargaining. The simple reason is that the vast majority of cases will end in negotiation rather than trial. For that reason, it is critical to have an experienced representation who understands both the benefits and the risks of plea deals in order to make informed decisions.

The goal should be to have a system that provides real choices rather than coercive ultimatums. Defendants need to be able to exercise their constitutional rights without being punished for that. Until we reach that point, plea bargaining will continue to be both the backbone and the biggest challenge of the American criminal justice.