Considering a Plea in Pennsylvania? What You Need to Know
Plea bargains, or plea agreements, are common across the United States. According to the Innocence Project, 97% of criminal cases are resolved through plea bargains. But, many defendants may not fully understand the pros and cons before agreeing to them.
If you’ve been charged with a crime in or around Pittsburgh, PA, knowing your options is important. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, our experienced defense lawyers will help evaluate any plea offer and determine your best option.
Weighing the Pros & Cons of a Plea Agreement in PA
If you have been offered a plea agreement, you should first understand that the prosecution may have made the offer because they are worried they may be unable to get a conviction. Second, the ‘bargain’ they offered may not be the best possible outcome– there may be other terms you can get through skilled negotiation.
Finally, a judge must approve the agreement even after you have accepted it, although judges usually follow the prosecutor’s recommendation.
What Is a Plea Agreement?
A plea agreement in Pennsylvania is a deal between you and the prosecutor. You agree to plead guilty or “no contest” to certain charges. In return, the prosecutor may reduce the charges or recommend a lighter sentence.
Why Do Prosecutors Offer Plea Deals?
Prosecutors may offer a plea deal if they are unsure if they can get a conviction if they take your case to trial. They might also offer a deal to save time and resources. But remember, the offer might not be the best for you.
For instance, you may be a good candidate for a diversion program, including dismissal and a clear criminal record upon completion. However, if you accept the first offer presented because it removes the fear of jail time, you may not be able to benefit from the other option.
The Benefits of a Plea Agreement
- Avoid Trial: Trials are unpredictable. Even if you are innocent, there is a chance you could be convicted. A plea agreement removes this uncertainty.
- Lesser Charges & Sentences: You might plead guilty to a less severe crime. For example, you could plead to a misdemeanor instead of a felony. This could mean probation instead of jail time. For drug charges, a plea deal might involve completing a drug treatment program instead of jail.
- Lower Legal Fees: Trials are expensive. They take a lot of your lawyer’s time and work. Pleading guilty can save you money on legal fees.
The Downsides of a Plea Agreement
- Admitting Guilt: You’ll likely have to plead guilty or “no contest” to a crime as part of your plea. This becomes part of your record and can affect your reputation and job prospects.
- No Trial: You give up your right to a trial. This means the prosecutor’s evidence goes unchallenged, and you can’t defend yourself in court.
- If You’re Innocent: Plea deals can be tough if you’re innocent. Prosecutors might charge you with many crimes to pressure you into a deal. They hope you’ll plead guilty to some charges to avoid the risk of being convicted of all.
How to Tell If a Plea Is Right for You
When considering a plea deal, think about the following:
- The Strength of the Evidence: A plea might be a safer option if the evidence against you is strong.
- The Possible Penalties: Compare the plea deal’s penalties with the maximum penalties if convicted at trial. If you’re charged with DUI, you might be offered a plea deal to plead guilty to a lesser offense, like reckless driving. This could mean fewer penalties and no jail time.
- Your Circumstances: Consider how a conviction could affect your job, family, and future.
- Are There Long-Term Consequences: Understand the long-term consequences of having a criminal record. For example, accepting a conviction may spare you from jail, but is living with the limitations of a criminal record worth the risk? In theft cases, a plea could involve restitution (paying back what was stolen) and probation instead of jail, but a theft conviction will make getting a job much more challenging.
- Legal Advice: Always consult with an experienced criminal defense lawyer to get their perspective on whether the plea deal is fair and in your best interest.
Work with Your Lawyer on Any Plea Deal
You shouldn’t unquestioningly accept a prosecutor’s offer because you don’t think you can do better. Nor should you try to negotiate a plea yourself. Navigating a plea agreement can be complex and intimidating.
An experienced criminal defense lawyer can:
- Evaluate the strength of the prosecution’s case.
- Negotiate better terms in the plea deal.
- Advise you on whether to accept or reject the deal.
- Help you understand the long-term implications of the plea.
Our Pittsburgh Lawyers Can Help Get You a Fair Result
Despite how common they are, plea agreements are very serious matters that result in you surrendering your rights. The attorneys at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC know when you should accept a plea agreement and when you shouldn’t.
Don’t give up your rights without speaking to an experienced criminal defense attorney – call us today at (412) 231-9194 or our online contact form to schedule a free consultation and plea agreement evaluation.