Plea deals are an important part of the criminal trial process. Obviously our first goal is to get the charges completely dropped, but good lawyers will always at least consider what the other side has to offer. By listening to the prosecution and discussing the options with your lawyer, you may be able to strike a deal to wrap up your case sooner without facing a potentially much stronger sentence.
In general, there are two main types of plea deals. We’re going to spotlight each type of deal below, and explain why someone might pursue that type of deal.
Two Types Of Criminal Plea Deals
While the two plea deals are similar in nature, two different aspects of the deal are the main focus.
Pleas Based on Charge – This type of plea deal focuses on reducing the charge in exchange for a guilty plea. This is most common in instances where a person has been charged with a felony. Since felonies can have a significant impact on your ability to get or keep a job, apply for housing or school, and can make you ineligible to vote, sometimes people will plead guilty to a lesser charge like a misdemeanor or gross misdemeanor so long as the felony charges are dropped. Obviously negotiating out of a more serious charge will also carry a likely reduction in potential penalties, but charge bargaining is more common than sentence bargaining, which brings us to the second type of plea deal.
Pleas Based on Sentence – In this type of plea deal, your defense attorney and the prosecution will sit down and hammer out an agreement for the sentence you will receive in exchange for pleading guilty. This is where it’s important to communicate with your lawyer so that you can express what is most important to you (no jail time, keeping driver’s license, serving time on weekends, extended probation, etc.). However, the two parties cannot set this sentence, even if they both agree to it. The recommended sentence will go before a judge, who can either approve or deny it. This isn’t as common of a plea deal because you can’t guarantee the judge’s approval.
It’s also worth noting that there are special types of plea deals that may not fall into one of the two above categories, but the important thing to know about any plea deal is that you should make sure you fully understand what you’re agreeing to. This is why it’s so important to have professional legal representation to assist you, fight for your rights, and explain everything in a clear manner.
We’ve won countless cases outright and helped other clients secure favorable plea deals, so if you need assistance with your criminal matter in Minnesota, give Appelman Law Firm a call at (952) 224-2277 today.