Facing a criminal charge can be very overwhelming. However, in a lot of cases, defendants never even go to trial. Instead, they can resolve their case through a plea bargain, which is an agreement between the defense and prosecution.
A plea bargain can significantly reduce your charges, minimize any penalties, and most importantly – help you avoid the uncertainty of trial.
In this article, we will explore how plea bargains work in criminal cases in Missouri, what rights defendants have, and why it’s crucial to have experienced legal representation.
What Is a Plea Bargain?
A plea bargain, also known as a plea agreement, is where the defendant makes a deal to plead guilty or no contest to a criminal charge, and in return, they get some form of benefit. The most common benefits include:
- A reduced charge (e.g., felony to misdemeanor).
- Lesser penalties (probation, or a shorter sentence, instead of jail time).
- Dismissal of other charges.
A plea bargain can save time and resources, both for the defendant and for the court. However, it’s important to remember that if you enter a plea agreement, you are waiving certain other rights, such as the right to a trial by jury, or to confront witnesses.
Types of Plea Bargains
In a Missouri criminal case, there are typically three categories of plea agreements:
- Charge Bargaining: In this option, the prosecution will agree to either reduce or drop certain charges. For example, the defendant may plead guilty to second-degree assault instead of first-degree assault.
- Sentence Bargaining: Here, the defendant can plead guilty, and in return they get a lighter sentence recommendation, such as probation or a suspended sentence.
- Fact Bargaining: In this case, the defendant admits to certain facts, at which moment others are excluded from evidence at sentencing. This option is not as common, but it can influence how sentencing guidelines are applied.
Each of these types must be approved by a Missouri judge to ensure that the process is voluntary and fair.
How Plea Bargains Work in Missouri
Generally, plea bargaining in Missouri includes the following steps:
- Negotiation: The potential plea terms are discussed between the defense attorney and the prosecutor.
- Review with the Defendant: The attorney will explain all the consequences that may follow – fines, probation, and any collateral effects, such as employment issues or a suspended driver’s license.
- Filing the Agreement: The plea deal is then presented to the court, but only when both sides agree.
- Court Hearing: As per Missouri Supreme Court Rule 24.02, the judge will question the defendant to make sure that the plea has been made knowingly and voluntarily.
- Sentencing: If it’s accepted, the judge will enter a conviction and will then issue the sentence which is agreed-upon or recommended.
In most cases, judges can operate with discretion. This means they can accept, reject, or modify the plea deal before they finalize it.
Pros and Cons of Accepting a Plea Bargain
The benefits of accepting a plea bargain are important. Charges and penalties may be reduced; the stress, publicity, and uncertainty of trial can be avoided; and costs are often lower, with a quicker resolution process.
However, there are certain drawbacks to this scenario. It may result in a criminal conviction which appears on background checks; defendants give up their right to trial; and, in some cases, they even feel pressured to accept a deal, even if they are actually innocent.
This is why a qualified defense attorney can help you significantly. They can go through the pros and cons in your specific situation before you make any decision.
When Plea Bargains Are Not Allowed or Advisable
Not every case will qualify for a plea deal. In serious felony cases, such as violent crimes, sex offenses, or repeat DUIs, prosecutors may refuse a deal.
Additionally, if the evidence in the case is weak, or if the plea terms are too harsh, it’s in the defendant’s best interest to consider going to trial. This is where defense counsel will evaluate case facts and potential sentencing outcomes as they advise on whether negotiating or proceeding to trial is the better option.
Why You Should Seek Legal Representation
Plea negotiations are a daunting and complex process. In addition to that, prosecutors will not always offer favorable terms, which makes the situation even more stressful.
This is where a seasoned Missouri criminal defense attorney can help. They can assess the strengths of the state’s case, negotiate on your behalf for reduced penalties, and make sure that your constitutional rights are protected throughout the process of resolving the case.
If you have been charged with a crime in Missouri, don’t hesitate to contact Flex Legal Group today. Our experienced attorneys work with clients like you every day and will negotiate a plea bargain that best protects your rights.
Having a knowledgeable advocate by your side can significantly improve the outcome of your case. Let us help you – securing your future is our mission.