When you are facing criminal charges in Florida, the prosecution will likely attempt to negotiate a plea bargain with you. A plea bargain is an agreement between you and the prosecution.
The plea agreement generally involves you pleading guilty to the crime in exchange for a lesser sentence. For example, you could agree to plead guilty to a charge if the prosecutor reduces it from a felony to a misdemeanor or reduces the prison sentence to 10 years instead of 20.
How the plea bargain process works
The plea bargain process usually begins with a conversation between you and the prosecutor, or the prosecutor and your attorney. A plea deal is often not reached during the first conversation but is usually the result of several conversations over time.
These conversations allow each side to assess the strengths and weaknesses of their case. Both sides will ultimately decide if it is worth it to go to trial or negotiate a satisfactory resolution.
Although your goal may be putting on the strongest defense possible in hopes of a dismissed charge or not guilty verdict, you could sometimes receive a better outcome with a plea bargain.
Plea bargains eliminate the risk of a worse outcome
One of the biggest benefits to a plea bargain is the certainty it provides. There is no guarantee what a judge or jury will decide and what penalty they will impose. Going to trial often comes with a huge risk of a higher penalty.
A plea bargain can save you time. Your criminal proceedings will be resolved faster and your sentence completed quicker.
One of the most obvious drawbacks to a plea bargain is pleading guilty to a charge when you are innocent. Even if you plead guilty to a lesser charge, you have a criminal conviction on your record.
There are various factors that determine whether a plea bargain is possible. Some include the seriousness of the potential sentence, public pressure surrounding the penalties to impose and your willingness to go to trial.
You must carefully examine all benefits and drawbacks of the particular plea deal offered to you to determine if it is in your best interest to accept.