Should I Consider a Plea Agreement?
If you are facing any type of criminal charges in the Indianapolis area and have begun researching defense options or ways of reducing the possible penalties you could face, you may be wondering if you should consider something known as a “plea agreement,” which is also sometimes known more colloquially as a “plea bargain.” The vast majority of criminal cases in Indiana are resolved through plea agreements, but just because plea agreements are common does not necessarily mean that you should simply accept one before you have consulted with an experienced criminal defense attorney in Indianapolis. At the same time, it is important to know that there are benefits to plea agreements, so it is usually worth it to at least consider what the prosecution is offering as long as you have an experienced lawyer to advise you.
So, should you consider a plea agreement? Our Indianapolis criminal defense lawyers can tell you more about what is involved in a plea agreement, and we can discuss some of the general benefits and limitations that you should keep in mind.
Understanding Plea Agreements
Before you even think about considering a plea agreement, it is critical to understand what this term means. The Indiana Judicial Branch explains that a “plea” is a “defendant’s response to a criminal charge,” such as a “guilty” plea or a “not guilty” plea. Then, it defines plea bargaining as “negotiations between a defense attorney and a prosecutor in which a guilty plea is exchanged for either a lesser charge or a lesser sentence.” Chapter 3 of the Indiana Code similarly defines a plea agreement as “an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.”
In sum, and to clarify the legal language above, a plea agreement involves a defendant agreeing to plead guilty rather than go to trial in exchange for a benefit — such as a conviction for a misdemeanor instead of a felony charge, or a sentence that does not include jail time even though jail time would be possible if the defendant were found guilty at trial.
Benefits and Limitations of Plea Agreements in Indiana
There are both benefits and limitations to plea agreements that a person can enter into in Indianapolis, and it is important to consider both in relation to the specific facts of your case. In general, however, we can tell you more about common benefits and limitations associated with plea bargaining.
Benefits general include:
- Reduced charge;
- Lesser sentence;
- Less anxiety due to being certain of the outcome; and
- Less expensive in terms of fees since you do not have to go through a trial.
Limitations general include:
- Existence of a criminal record, since you will be pleading guilty to a criminal offense; and
- Difficulty (or impossibility) if you want to change your mind and go to trial.
Contact an Indianapolis Criminal Defense Lawyer Today
Whether or not you should consider a plea agreement is a decision you should make with guidance from an experienced Indianapolis criminal defense attorney at Rigney Law LLC. Contact us today for assistance with your criminal case and your defense.
Sources:
in.gov/courts/about/glossary/#:~:text=Plea%3A%20Defendant’s%20response%20to%20a,charge%20or%20a%20lesser%20sentence
law.justia.com/codes/indiana/2011/title35/article35/chapter3