Criminal defendants have a right to have their cases heard in court, where they can defend themselves. However, many defendants can accept a plea bargain from prosecutors, in which they plead guilty to lesser charges and avoid trial altogether. You must weigh the pros and cons of a plea bargain with your lawyer before making any decisions.
While pleading guilty to criminal charges might sound like a bad idea, it may be an effective legal strategy as part of a plea bargain. Many defendants would rather plead guilty to lesser charges and serve more lenient penalties than risk being found guilty of more severe charges in court. However, it is difficult, if not impossible, to change your mind about a plea bargain after it is formally entered into the court’s record, and your options for an appeal are very limited.
Contact our Philadelphia criminal defense lawyers at Kenny, Burns & McGill and ask for a free, private case review by calling (215) 423-5500.
What Are the Pros and Cons of Plea Bargains in Pennsylvania Criminal Cases?
While many criminal defendants are not too keen on pleading guilty, doing so may be in your best interest if your lawyer can help you get a favorable plea bargain.
Advantages of Plea Bargains
Plea bargains, also called plea deals or plea agreements, typically allow defendants to receive more lenient penalties than they would if convicted at trial.
For example, a defendant charged with aggravated assault might negotiate with prosecutors for a plea bargain where they would plead guilty to simple assault. While aggravated assault is a severe felony that carries many years in prison as a possible sentence, simple assault is a misdemeanor, and defendants spend far less time behind bars.
Disadvantages of Plea Bargains
You must consider the drawbacks of a plea bargain before accepting an offer from prosecutors.
When accepting a plea deal, defendants must waive their right to a trial. They will not be able to argue their case before a jury of their peers, and they will proceed directly to the sentencing phase. For some, this does not feel like justice.
You should also note that accepting a plea deal makes appealing your conviction very difficult. Appeals are usually based on legal errors that occur during a trial. If you accept a plea bargain, there is no trial, and you have almost no grounds for filing an appeal, barring special circumstances.
Things to Consider Before Accepting a Plea Bargain
You should consider several key points before accepting a plea offer from the prosecutor.
Strength of Evidence Against You
First, we should consider the strength of the prosecutor’s evidence. If the evidence is so overwhelming that you are highly unlikely to win in court, a plea bargain might be your best option.
If the evidence is not very strong and leaves room for doubt, you may want to fight the case in court and hope for a not-guilty verdict.
Defense Strategy
Second, we should think about our defense strategy. Even if the prosecutor’s evidence is strong, our defense strategy might be stronger. Strong evidence is not infallible, and we might find a way to undermine it. If that is the case, you might reconsider accepting a plea deal.
Strength of Deal
Finally, is the plea deal a good one? Even if the prosecutor has strong evidence, they might not offer a very good plea deal. If that happens, you may reject the offer and ask for a better one. Your lawyer can help you negotiate with prosecutors.
How Do Plea Bargains Work?
Plea bargains are common, but they are present in every criminal case. Whether you receive a plea offer will depend on your case and the prosecutor’s discretion.
When Do Plea Bargains Happen?
Plea bargains may occur at almost any stage in a criminal case before a verdict is rendered. Many defendants accept plea bargains somewhat early in the case. Prosecutors may offer a plea deal shortly after an arraignment or a preliminary hearing.
A defendant may accept a plea bargain at almost any time before the final verdict. You might refuse the plea offer at first, only to change your mind later. It is even possible to accept a plea offer after the trial has already started.
How to Negotiate a Plea Bargain
Negotiations often involve weighing the evidence. The prosecutor might believe that their evidence is very strong, and that you would be lucky to receive any plea offer.
Our Bucks County, PA criminal defense lawyers might explain that there are significant flaws in the prosecutor’s case and that we are prepared to undermine their evidence. At that point, the prosecutor may be convinced to offer a better deal.
Can You Change Your Mind After Accepting a Plea Bargain?
You may change your mind about accepting a plea agreement, but the timing of this change is important. You may withdraw your guilty plea before the court formally accepts it. However, if you have accepted the plea deal and the court has formally accepted the plea and entered it into the court’s record, it may be extremely difficult to change your mind.
You might be able to undo a guilty plea that was part of a plea agreement if you believe the prosecutor unlawfully induced your plea agreement or if you had ineffective assistance of counsel. For example, if they lied about reducing charges or somehow misled you about the plea deal, we can argue that the plea should be reversed.
FAQs About Plea Bargains in Pennsylvania
What is a Plea Bargain?
A plea bargain is a deal struck between prosecutors and defendants. Generally, the prosecutor will offer to reduce the defendant’s charges, thereby reducing the defendant’s penalties, in exchange for a guilty plea.
Are Plea Bargains Available in Every Criminal Case in Pennsylvania?
No. Plea bargains may be offered at the prosecutor’s discretion. When a case involves particularly violent or shocking behavior, or the victim is severely injured, a prosecutor may be less willing to offer a plea deal.
Should You Accept a Plea Bargain?
Whether you accept a plea deal is entirely up to you. However, you should consider accepting an offer if the prosecutor’s evidence is so strong that you are unlikely to win in a trial. If the case against you is weak, accepting a plea deal might not be the best idea.
What if a Plea Bargain is Not a Good Deal?
If the prosecutor offers a plea deal, but it is not very good and not worth accepting, you can negotiate for a better offer with the help of your lawyer. Your attorney can highlight flaws in the prosecutor’s evidence and hopefully convince them to offer a better deal or risk a humiliating defeat in court.
You can always go to trial if the only plea deals they offer are bad ones.
Can You File an Appeal After Accepting a Plea Bargain in Pennsylvania?
Filing an appeal after accepting a plea deal is possible but very difficult. Appeals are usually based on legal errors that happened during a trial. If you accept a plea agreement, there is no trial, and you have minimal grounds for appeal.
However, you may be able to appeal if you believe the prosecutor unlawfully induced your plea agreement or you only signed it because you had a bad lawyer.
Ask for Help from Our Pennsylvania Criminal Defense Attorneys
Contact our Delaware County, PA criminal defense lawyers at Kenny, Burns & McGill and ask for a free, private case review by calling (215) 423-5500.
