Our Experienced Flagstaff Criminal Defense Lawyers Discuss the Pros and Cons of Accepting a Plea Deal and How We Can Help You Make the Right Decision
If you watch TV dramas or the news, you may believe that many criminal cases are decided in dramatic jury trials. However, the reality is that most cases are resolved through a plea bargain. .jpeg)
If you are facing criminal charges in Flagstaff or Northern Arizona, one of the most important decisions you will make is whether or not to enter into a plea agreement. Plea bargains can offer you benefits but also come with drawbacks. At Griffen & Stevens, PLLC, our skilled Flagstaff criminal defense lawyers will explain possible defenses and help you understand your options so you make the best decision for your situation.
Understanding a Plea Agreement
A plea agreement, also called a plea bargain or plea deal, is an agreement between a defendant and the prosecutor. Under Ariz. R. Crim. P. 17.4, you are allowed to try to negotiate a plea agreement at any point in your criminal case. If you enter into a plea deal, the prosecutor will give you certain concessions, such as reduced charges or punishments, in exchange for agreeing to plead guilty or no contest to certain charges.
The Pros and Cons of Entering Into a Plea Bargain
Whether you are facing misdemeanor DUI or shoplifting charges or a more serious felony charge, such as child molestation or murder, your decision about a plea agreement can have an enormous impact on your criminal case and your life. You should never make this important decision without the guidance of our Flagstaff criminal defense lawyers, who can help you weigh your options. Here are some advantages of agreeing to accept a plea bargain:
- Reduced sentence or charges. One benefit of a plea deal is that the prosecutor may agree to reduce your charges to a less severe offense or offer you a lighter sentence.
- Faster resolution of your case. If you agree to a plea agreement, your criminal case could be resolved more quickly, allowing you to move on with your life sooner.
- Certainty of the outcome. Another huge benefit of a plea deal is that it gives you certainty about the outcome of your case. This can alleviate the stress and anxiety you may be feeling about whether you’ll be found guilty of the crime or the sentence the judge could impose.
While these may be good reasons for you to accept a plea deal, there are also drawbacks that will affect your life. Here are a few of them:
- Pleading guilty or no contest. Accepting a plea deal means you must plead guilty or no contest to a crime. It may be a hard decision for you to make if you were falsely accused of a crime and must agree to a plea bargain because of the serious risks you face if you take your case to trial.
- Waiving your defenses. You give up the opportunity to present your case in court and potentially be acquitted if you enter into a plea agreement.
- Having a criminal record. You will still have a criminal record even if the charges are reduced in your plea bargain. This can have long-term consequences on your life.
What the Flagstaff Court Must Consider When Approving a Plea Bargain
In Arizona, the judge must approve your plea bargain. Under Ariz. R. Crim. P. 17.3, the judge must determine that you entered into the plea deal knowingly, intelligently, and voluntarily and there is a factual basis for the plea before approving it.
Our Criminal Defense Lawyers Can Help You Decide Whether to Accept a Plea Bargain
You need a criminal defense attorney who has experience in trying criminal cases and negotiating plea agreements if you want to achieve a favorable outcome in your criminal case. Here are ways our legal team at Griffen & Stevens, PLLC can defend you and help you decide whether a plea bargain is in your best interests:
Evaluate the Evidence Against You
We thoroughly review the evidence to determine the strength of the prosecution’s case and identify any weaknesses. This will enable us to find ways to challenge the evidence against you and raise doubts about the prosecutor’s ability to prove your guilt.
Raise Your Defenses
Our criminal defense team will explore all possible defenses and motions to dismiss charges or suppress evidence to protect your rights. The prosecutor may be more willing to offer you a favorable deal if they know you have solid defenses or that evidence they are trying to use against you could be suppressed.
Advise You on Entering Into a Plea Deal
Based on a comprehensive assessment of your case, we’ll provide clear, honest advice on whether accepting a plea bargain aligns with your long-term goals and best interests. We will explain your defenses, the possible outcomes if you take your case to a jury trial, and the pros and cons of agreeing to a plea bargain.
Negotiate With the Prosecutor
If you decide that you want to try to resolve your criminal case through a plea deal, we will utilize our experience and relationships with prosecutors to negotiate the best possible terms for a plea agreement. We will also use the weaknesses in their case and your defenses to convince the prosecutor that a favorable plea bargain is in their interests, too.