Criminal defendants often face a critical juncture in the criminal justice process – whether to accept a plea bargain or proceed to trial. In some cases, a plea bargain may be in your best interests.

However, you should never accept a plea bargain without first speaking with an experienced Knoxville criminal defense attorney who can answer all of your questions. This decision carries a variety of implications, which can shape your case and determine its outcome.

What is a plea bargain?

A plea bargain is a negotiated agreement between the prosecution and the defense which offers defendants the opportunity to resolve their cases outside of trial by pleading guilty or no contest to the charges in exchange for concessions from the prosecution. Per the Legal Information Institute, those concessions typically include:

lesser criminal charges, such as reducing the number of charges (if the defendant is charged with more than one charge or count), years reduced from prison sentencing, or dropping a more severe charge to a lesser one (for example, dropping from a First-Degree Murder charge to a lower degree homicide charge). The defendant may not receive a reduction in charges, but the prosecution may offer to recommend a more lenient sentencing to the judge in return.

What are the types of plea agreements?

There are three different types of plea agreements:

• Charge bargaining, in which the parties may agree to reduce or dismiss certain charges in exchange for the defendant’s plea of guilty or no contest to one or more remaining charges.
• Sentence bargaining, where the defendant agrees to plead guilty or no contest to criminal charges in exchange for a specific sentence or sentencing recommendation from the prosecution.
• Fact bargaining, in which the defendant agrees to stipulate to certain facts or elements of the crime in exchange for concessions from the prosecution, such as reduced charges or sentencing recommendations. The defendant and the prosecution can negotiate which facts will be admitted or agreed upon, which can streamline the trial process by narrowing the issues that need to be litigated.

Your Knoxville criminal defense attorney can help decide if any of these are a viable option for your case.

Advantages and disadvantages of plea bargains

Whether it’s a good idea to take a plea bargain depends on the specifics of the case, including the strength of the evidence against you, the potential consequences of going to trial, and your individual circumstances. Here are some factors you and your attorney should consider:

• If the evidence against you is overwhelming, taking a plea bargain might be a practical option to reduce the potential consequences of a conviction at trial.
• Trials can be unpredictable, and if you’re found guilty, you might face harsher penalties than what’s offered in a plea deal. By accepting a plea bargain, you may receive a lighter sentence or have certain charges dropped.
• Trials can be lengthy and expensive, with legal fees and time away from work or family. Accepting a plea bargain can save time and money compared to going through a trial.
• Some people prefer to avoid the uncertainty and stress of a trial, even if they believe they’re innocent, and choose to accept a plea bargain to resolve the case more quickly.
• A conviction after trial could have long-term consequences, including a criminal record that may affect employment, housing, and other aspects of your life. Depending on the plea bargain, you may be able to negotiate terms that mitigate these consequences.

However, there are also potential downsides to accepting a plea bargain:

• In most cases, accepting a plea bargain involves admitting guilt, which could have personal and legal implications.
• Accepting a plea bargain typically means waiving the right to appeal the conviction or sentence, limiting your options for challenging the outcome of the case.
• While a plea bargain might offer short-term benefits, it’s essential to consider the long-term implications, including the impact on your criminal record and future opportunities.

In the end, the decision to accept a plea bargain is highly personal and should be made in consultation with your attorney, who can provide guidance based on the specifics of your case and your individual circumstances. It’s important to carefully weigh the pros and cons and fully understand the implications before making a decision.

Should I take a plea agreement?

Whether you should take a plea bargain depends on the exact circumstances of your case. Here are some questions to ask yourself (or your lawyer) before you decide:

• How strong is the evidence against you? If the evidence is weak, you may have a better chance of winning at trial. However, a strong case against you might make a plea bargain more appealing to avoid harsher potential consequences.
• What are the potential sentences you face if convicted at trial? Compare this to the terms of the offered plea bargain. Consider not just the immediate penalties but also potential long-term consequences like job prospects or professional licenses.
• What are you hoping to achieve by taking a plea bargain or going to trial? Are you aiming for a specific sentence, avoiding potential publicity, or seeking complete acquittal?
• Are there any other options available to you besides the offered plea bargain? This could include exploring pre-trial motions or negotiating different terms.

Our experienced Knoxville criminal defense attorneys negotiate with the prosecution to secure you the best possible terms. If you accept a plea offer, it’s presented to the court for approval. Then, it becomes legally binding and the terms of the agreement are upheld by the court.

At Banks & Jones, we’re on your side. Our Knoxville criminal defense attorneys work to have the charges against you dropped – but when that’s not possible, we want to ensure you face the mildest penalties possible. This may or may not mean taking a plea bargain; it all depends on the specific circumstances of your case. If you are facing charges, get in touch with our lawyer as soon as possible so we can get started protecting your rights. Call our office today or submit our contact form to schedule your free, confidential case evaluation.