A plea bargain is a term that gets thrown around a lot. You might hear it as a way to avoid the uncertainty of a trial. Yes, plea bargains can offer benefits for both prosecutors and defendants. However, you need to know about the consequences of accepting one.
So, how do plea bargains work in Michigan criminal cases? Here is a look at what you will want to know if you are facing any type of criminal charge.
What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecution. These agreements resolve a criminal case without going to trial.
In these situations, the defendant agrees to plead guilty or no contest to a specific charge. As an exchange, the prosecutor may offer certain concessions, such as:
- Reducing the charges
- Recommending a lighter sentence
- Dismissing some charges
- Agreeing not to pursue additional charges
- Recommending probation instead of incarceration
The terms of a plea agreement will depend on the facts of the case and the parties’ negotiations.
Is This Common?
Criminal trials require time and resources from courts, prosecutors, defense attorneys, law enforcement, witnesses, and jurors. A plea agreement helps resolve cases so that both sides can avoid the uncertainty of a trial. In one study, 95% of all criminal convictions are the result of plea bargains.
For prosecutors, they can secure a conviction without the risk of losing before a jury. On the other hand, defendants get an opportunity to reduce the potential penalties of the case.
Keep in mind that convenience should never be the only factor in deciding whether to accept a plea deal.
Types of Plea Bargains
Several different types of plea agreements may be used in Michigan criminal cases.
Charge Bargaining
In these cases, a prosecutor agrees to reduce the charges in exchange for a guilty or no-contest plea. For example, a felony charge might be reduced to a misdemeanor, or a more serious offense may be replaced with a less serious one carrying lighter penalties.
Sentence Bargaining
In a sentence bargain, the defendant agrees to enter a plea in exchange for a specific sentencing recommendation or limitation. For instance, the prosecutor may agree to recommend probation, a reduced jail sentence, or participation in a treatment program.
Count Bargaining
When multiple charges are filed, prosecutors may agree to dismiss certain counts in exchange for a plea to one or more remaining charges.
Does the Judge Have to Approve a Plea Bargain?
Yes. Even when the prosecutor and defendant reach an agreement, the court must review the proposed plea. Before accepting a plea, the judge will make sure that:
- The defendant understands the charges
- The defendant understands the rights being waived
- The plea is voluntary
- There is a factual basis supporting the plea when required
The judge may accept or reject certain agreements. Since the court plays an important role in the process, any agreement is not final until it has been approved.
What Factors Influence These Negotiations?
Every criminal case is different, and many factors can affect plea discussions. Some of these considerations usually include:
- The strength of the prosecution’s evidence
- The seriousness of the charges
- The defendant’s criminal history
- The likelihood of success at trial
- The wishes of alleged victims
- Potential sentencing outcomes
In some cases, strong defense evidence may lead to better plea offers. In others, the best course of action may be to challenge the charges rather than negotiate a plea.
Legal Help Is Important
Plea negotiations involve more than deciding whether to plead guilty. A conviction can affect your employment opportunities, professional licenses, housing applications, educational opportunities, immigration status, and other important aspects of life.
You want an experienced Michigan criminal defense lawyer to review your options. They can look at the evidence, explain the potential consequences of a plea agreement, negotiate with prosecutors, and see whether accepting a deal is in your best interests.
Understanding Your Options After a Criminal Charge
Now that you know how plea bargains work in Michigan criminal cases, you can consider your options. A negotiated resolution may offer advantages in some situations. However, you want to know the consequences before making a decision.
If you have been charged with a crime, the Law Office of James Fillmore can help. We can look at your case and help you know your options. Schedule a consultation with us today.
