Plea bargains are used in many criminal cases in North Dakota to resolve charges. However, a number of cases do make it into court. Take a closer look at why some defendants decide to exercise their right to trial when many do not.
Understanding the Plea Deal
A plea deal is like a settlement. Both sides — the state and the defendant — agree to settle the criminal charge or charges by conceding something. Typically, the defendant concedes guilt, and the prosecution reduces the charges or sentence.
In North Dakota, three main types of plea deals occur:
- Charge
- Sentence
- Fact
Charge plea bargains involve the defendant agreeing to plead guilty in exchange for the prosecutor reducing and dropping charges. A sentence plea bargain, on the other hand, sees the defendant plead guilty to their charges but receive a reduced sentence in return.
For fact plea bargains, the defendant concedes the truth of certain facts in exchange for the prosecutor agreeing not to use certain facts in court. No matter the type, plea bargains resolve the lion’s share of criminal charges in the state.
However, not all plea bargains end up going through. Ultimately, a judge decides whether a plea bargain is acceptable to the court.
If a judge does not agree with some or all of the terms of a plea bargain, the judge may adjust the sentence, making it longer or shorter. In most cases of sentence adjustment, the judge lengthens the punishment.
When a Plea Deal May Be a Good Idea
Every criminal case is unique. Still, the following circumstances usually exercise strong influence on defendants to take a plea deal.
Unfavorable Evidence
One of the main reasons defendants take plea deals is because the evidence is simply not on their side. If you are facing mountains of direct evidence, it may be in your best interest to take a deal.
After you hire counsel, your attorney will thoroughly investigate the circumstances of the charge and request evidence from the prosecution. Once most of the evidence is in, you and your lawyer will have the facts necessary to determine how strong the prosecution’s case is.
Privacy Concerns
Plea deals settle criminal charges discreetly behind closed doors. Criminal trials, on the other hand, are public affairs open to the press. The consequences of a public trial are too much for some defendants to handle, and many want to spare their friends and family the embarrassment of being associated with crime.
Time and the Future
Trials take much more time than plea deals to resolve criminal cases. Once a plea deal is off the table, numerous hearings and stages must occur before a trial even takes place. Although you have the right to a speedy trial, it is not always in a defendant’s best interests to jump into court.
You will want to take the time to prepare for any meetings with your attorney, and defense attorneys need time to build a strong defense.
Additionally, going to trial means facing the full brunt of the punishment of the underlying charge. A guilty verdict involves full sentencing. A plea deal, on the other hand, often means reduced time, since a plea deal helps you avoid trial and secure a lighter sentence.
Why a Trial May Be Preferred
For some, the deal they are offered simply does not make good sense. They ultimately end up rejecting the deal and taking their chances at trial.
Bad Terms
A plea deal with bad terms might save time but may not be much better than the consequences associated with the underlying charge. When the terms are bad enough, a defendant will head to court to let a jury or a judge decide.
Innocence
Innocence is a strong reason cited by many who go to trial, which does not mean to say that those who plead are always guilty. Many innocent people take plea deals. Some innocent people, however, fight the charges, no matter the cost.
Loss of Rights
Pleading guilty to certain charges, such as felony charges, means the loss of many rights, such as:
- The right to appeal
- The right to bear firearms
- The right to vote
- The right to hold public office
Although these rights are restored after certain conditions and time periods are met, some find their loss to be untenable and prefer to go to trial.
Experienced Counsel on Your Side
Whether you take a plea deal or fight the charges is ultimately up to you. In both cases, your future is on the line, and you need experienced representation to help you understand the ramifications of your decisions.
Heartland Law Office is committed to protecting your rights and fighting for your best interests at every turn. If you need a formidable criminal defense, contact our seasoned team today.