There are several options available to those accused of a specific crime. They can take their case to trial in an attempt to prove their innocence. They can enter a guilty plea and throw themselves on the mercy of the courts.
They can also directly negotiate with the prosecutor to secure a plea bargain. Plea bargains are incredibly common in the modern criminal justice system. A plea bargain is different than a basic guilty plea. The negotiation process involves communicating with the prosecutor’s office before entering a plea to prevent a case from going to trial.
Although it is not as intensive as developing a criminal defense strategy, the reality is that having legal support during plea bargaining is invaluable. Why do defendants need an attorney to support them while they seek a plea bargain?
Lawyers understand the law
Plea bargaining aims to prevent a criminal trial through cooperation. Attorneys ask the prosecutor to make certain concessions in exchange for a guilty plea. The prosecutor saves the state money by avoiding a trial and also keeps their overall conviction rate relatively high.
The defendant may be able to seek specific concessions, such as lower charges or the elimination of specific penalties. An attorney can use their knowledge of the law to highlight weak points in the state’s case or otherwise convince a prosecutor that their cooperation is beneficial. They also understand what a prosecutor can agree to in a plea bargain, whereas the average defendant might make unrealistic demands that the prosecutor cannot meet.
Attorneys have negotiation training
Even those who know the law may struggle to advocate for themselves in a high-pressure scenario. It can be difficult to be calm and to negotiate rationally when the terms set through negotiations could have a permanent impact on an individual’s life.
Defendants are often not in the best position to fight for themselves during the plea bargaining process. Their nerves can undermine their negotiation capabilities and render them less effective communicators than lawyers who can maintain calm under pressure.
Defendants hoping to plea bargain may benefit from having legal representation to ensure they secure reasonable terms. Reviewing pending criminal charges with a defense lawyer can help defendants evaluate their options and seek the best possible outcome, which may not necessitate an actual trial.