Plea bargaining is a common component of the criminal justice system in Missouri, offering a means to resolve cases efficiently without the need for a full trial. Plea deals involve negotiations between the criminal defense attorney and the prosecutor, where the defendant may agree to plead guilty to a lesser charge or accept a reduced sentence in exchange for concessions from the prosecution. Depending on the specifics of your case, a plea bargain may offer you the best possible resolution while removing the hassle and cost of a trial for the state. In Missouri, plea bargains are frequently used to manage the heavy caseloads of courts and provide a quicker resolution to cases. However, the decision to accept a plea deal isn’t an easy one and requires a thoughtful discussion with your defense attorney about the strength of the evidence, the potential penalties, and the long-term consequences of a conviction. An experienced criminal defense attorney can help you decide if a plea bargain makes sense for you.
This chapter will explore the concept of plea bargains in detail, examining the benefits and drawbacks of accepting a deal, the possible outcomes of a plea deal, and how negotiations tend to occur. We aim to provide a comprehensive understanding of how plea bargaining works in Missouri and how it can protect the rights and future of those accused of crimes.
What Is a Plea Bargain?
A plea bargain is an agreement in the criminal justice system where the defendant agrees to plead guilty to a lesser charge or accept a reduced sentence in exchange for concessions from the prosecutor. This process helps to avoid a lengthy and uncertain trial. In Missouri, plea bargains are a common tool to manage court caseloads efficiently and provide quicker resolutions for defendants. They can involve charge bargaining, where the defendant pleads to a less severe charge, or sentence bargaining, where the defendant receives a lighter sentence.
Plea bargains can offer benefits to both the state and the defendant:
- They reduce the time and resources required for a full trial.
- Defendants receive a predictable outcome rather than risking a harsher sentence at trial. Similarly, the state is guaranteed a conviction where a “Not Guilty” verdict at trial is possible.
- Courts can allocate resources to more complex cases. Defendant’s can move forward with their lives more quickly.
However, deciding to accept a plea bargain is not straightforward. It involves weighing the potential benefits against the drawbacks, such as having a criminal conviction on record, even if for a lesser charge. This is where the legal advocacy of an experienced criminal defense lawyer becomes paramount to your defense.
Pros and Cons of Accepting a Plea Bargain
The exact benefits or drawbacks of a plea deal will depend on your specific charges, the evidence against you, and your life circumstances. Generally:
Pros:
- Reduced Charges: Pleading guilty to lesser charges can significantly reduce the severity of the penalties. For example, a felony charge that would carry jail time can be reduced to a misdemeanor and fines.
- Reduced Sentences: Defendants can receive lighter sentences, such as probation instead of incarceration. This can mitigate long-term consequences, such as loss of employment opportunities or strain from being away from family.
- Quicker Resolution: Plea bargains expedite the legal process, providing a quicker conclusion to the case. This can reduce the stress and uncertainty associated with prolonged trials.
- Certainty of Outcome: Defendants know the exact consequences of the plea, avoiding the unpredictability of a trial. This can be especially beneficial when the evidence against the defendant is strong.
Cons:
- Admission of Guilt: Unless you receive a Suspended Imposition of a Sentence (SIS) or Suspended Execution of Sentence (SES), accepting a plea bargain involves pleading guilty – even if not to the original charge – which results in a criminal record. This can have lasting impacts on employment, housing, and personal relationships.
- Possible Injustice: Innocent defendants may feel pressured to accept a plea deal to avoid the risk of harsher penalties at trial. This can lead to unjust outcomes where innocent individuals are convicted of crimes they did not commit.
- Limited Appeal Options: Pleading guilty typically limits the defendant’s ability to appeal the conviction. This can be problematic if new evidence arises or if there were procedural errors during the case.
Plea bargains require careful consideration and consultation with a knowledgeable criminal defense lawyer to ensure that your rights and future are adequately protected.
Types of Plea Bargains
In general, prosecutors and criminal defense lawyers negotiate four different types of plea deals:
- Charge bargaining means negotiating to plead guilty to a lesser charge than originally filed. For example, a defendant charged with a felony assault may negotiate to plead guilty to misdemeanor public disturbance. Charge bargaining reduces the severity of penalties and the long-term impact on the defendant’s record.
- Sentence bargaining means negotiating for a lighter sentence in exchange for a guilty plea, for example agreeing to plead guilty with the understanding that the prosecution will recommend a reduced sentence, such as probation instead of jail time. Charge bargaining provides a more predictable and often less severe sentence. Alternative sentences may include:
- Count bargaining involves negotiating to have some charges dropped in exchange for a guilty plea on remaining charges. For example, a defendant charged with five counts of theft agrees to plead guilty to two counts in exchange for the other three counts being dismissed. This reduces both the sentence and the number of convictions on the defendant’s record.
- Fact bargaining involves negotiating certain facts to be omitted or agreed upon to avoid more severe charges. For example, a defendant agreeing to admit certain facts in exchange for the prosecution not presenting other aggravating facts. This can lead to reduced charges or sentences by limiting the scope of the case.
Depending on the specifics of your case and life circumstances, your criminal defense attorney may seek to negotiate for one or all types of plea bargain.
Alternative Court Programs
While some sentence reductions mean accepting probation or a short stint in jail over prison, Missouri also has several specialty programs for offenders who meet certain criteria and/or have specific needs. These programs aim to address the underlying issues contributing to criminal behavior, such as substance abuse or mental health disorders, providing an opportunity for a defendant to rehabilitate without being incarcerated.
Missouri has four types of alternative courts:
- Drug Courts
- Treatment-based alternative for non-violent drug offenders with substance abuse issues
- Focuses on recovery and reducing recidivism (chances of reoffending) through supervised treatment programs
- Re-Entry Courts
- Manages the reintegration of individuals returning from prison
- Utilizes court authority for sanctions and resources to support positive behavior and reintegration
- DWI/DUI Courts
- Targets repeat DWI offenders
- Involves rigorous supervision, treatment, and regular court appearances
- Mental Health Courts
- Addresses the needs of individuals with mental health issues in the criminal justice system
- Aims to reduce incarceration and recidivism by connecting participants with mental health services and support
Plea Bargain Negotiation Process
The purpose of a plea bargain, from your and your criminal defense lawyer’s perspective, is to secure the most favorable outcome in your case. Experienced defense attorneys should be willing to go to trial to defend you in court if they do not get an acceptable plea deal from the prosecution. Depending on your history and the charges against you, a plea deal may be agreed to quickly in a courthouse hallway, or make take months of aggressive negotiations by your defense attorney.
The plea bargaining process begins with an initial assessment where the defense lawyer conducts a comprehensive review of the case details, evidence, and potential defenses. During this stage, your defense lawyer will consult with you to discuss the possible outcomes, preferences, any mitigating circumstances that could influence the negotiation, and any concerns you might have. Your defense lawyer will then initiate contact with the prosecutor to begin negotiations. This phase is marked by a series of negotiations where offers and counteroffers are exchanged. The goal is to reach terms that are acceptable to both parties, balancing the state’s interest in efficiently securing a conviction with your interest in getting the best possible resolution to your case.
During the negotiation process, your criminal defense lawyer will advocate on your behalf, carefully evaluate each offer, weighing the risks and benefits of accepting the plea deal versus going to trial. This includes a thorough risk assessment, considering the strength of the prosecution’s case, potential penalties, and the likelihood of a favorable trial outcome. Your defense lawyer will make sure you fully understand each offer’s implications, providing clear guidance and recommendations. Though you alone will make the decision to accept the plea deal or not, an aggressive defense attorney experienced in your specific case type can be an invaluable resource and source of guidance. Often, a prosecutor sees you as simply a case number. Your defense attorney can present as a human being who is trying to keep their life from being derailed.
Once a plea agreement is reached, the final step involves presenting the plea deal to the judge for approval. This stage ensures that the plea is legally sound and that the state has a record that you fully understand and consent to the terms. The plea deal is then documented, formalizing the agreement and concluding the negotiation process.
Throughout the plea bargaining process, your defense lawyer’s role is to advocate for your best interests and ensure a fair and just outcome.
Factors to Consider When Negotiating for a Plea Bargain
Deciding whether to accept a plea bargain is a significant decision that requires careful consideration of multiple factors. As a defendant, you and your attorney need to evaluate the potential benefits and drawbacks thoroughly, as well as understand the long-term implications of your choice.
Strength of the Evidence:
- Prosecution’s Case: Assess the quality and quantity of the evidence against you. Strong evidence might make a plea deal more appealing to avoid harsher penalties at trial.
- Defensive Strength: Consider the effectiveness of your defense strategies and any exculpatory evidence that could work in your favor.
Potential Penalties:
- Trial vs. Plea Deal: Compare the possible sentences you could face if convicted at trial with the terms of the plea bargain. You may have to consider the risk/reward of being found “Guilty” and having a heavier sentence at trial, versus being found “Not Guilty” and receiving no sentence.
- Long-Term Consequences: Evaluate how the potential penalties of accepting or not accepting the plea deal will impact your personal, professional, and social life, including criminal records and future opportunities.
Certainty of Outcome:
- Predictability: A plea bargain offers a definite outcome, whereas a trial’s result is uncertain and could be more severe.
- Emotional and Financial Costs: Consider the stress, time, and expense involved in going to trial versus the quicker resolution of a plea deal.
Personal Circumstances:
- Employment and Family: Think about how prolonged legal proceedings might affect your job, family responsibilities, and overall well-being.
- Health and Mental State: Consider the toll a trial might take on your physical and mental health.
Eligibility for Specialty Programs:
- Alternative Sentencing: Determine if accepting a plea bargain could make you eligible for specialty court programs (e.g., drug court, mental health court) that focus on rehabilitation rather than punishment.
- Program Benefits: Assess the potential benefits of these programs, such as reduced sentences or dismissals upon successful completion.
Legal Advice:
- Defense Lawyer’s Guidance: Rely on your criminal defense lawyer’s expertise to understand the nuances of the plea bargain, the strength of the prosecution’s case, and the likelihood of a favorable trial outcome.
- Informed Decision: Ensure that you are fully informed about the legal implications, rights, and options before making a decision.
Making an informed decision about a plea bargain involves balancing these factors with the help of a knowledgeable criminal defense lawyer who can guide you through the complexities of the legal process and advocate for your best interests.
