The plea bargain: An essential part of the California legal system

April 23, 2013 (Press-News.org) The plea bargain: An essential part of the California legal system

Article provided by Law Offices of David P. Schwarz
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In Santa Ana last year, a man avoided a sentence of life in a California prison by taking what is known as a plea bargain. The plea bargain required the man to plead guilty to the attempted murder charge filed against him and in return, he received a sentence of 19 years. Every day plea deals, such as this one, are negotiated in the majority of criminal cases in California and across the country, making them an essential part of the legal system. However, it is important to understand how a plea bargain works and the positives and negatives such a deal can present to people who are accused of anything from murder to domestic violence.

A plea bargain's history

One of the earliest plea bargains dates back to the 1600's when the well-known astronomer, Galileo, made a deal to avoid a harsh sentence from the Inquisition--likely death. Plea bargains were also common in England and this practice was brought with the early colonists, making them a part of early American law.

Since then, these arrangements have grown in popularity, in part because of the number of cases which are filed today; the Department of Justice estimates that 95 percent of all federal cases are resolved through plea bargains. If these agreements were not allowed, it could be years before a case would be brought to trial, meaning that those unable to post a bail would likely be languishing in a cell.

Advantages of the plea bargain system

For the person who may be guilty of the charges filed against him or her, a plea bargain system allows them to negotiate for a better deal.

Reasons for accepting a plea bargain:
-Reduced or dismissed charges
-Smaller incarceration sentence
-Lower fines to pay
-Probation instead of jail time

Prosecutors are usually willing to agree to a deal in order to resolve the case as quickly as possible. Plea bargains work in their favor as well because they generally have a heavy case load with new cases coming into their office every day.

Disadvantages of the plea bargain system

While it would be hoped that someone is taking a plea bargain because they did commit the crime they are accused of, this is not always the case. Many innocent people will actually take a plea deal because of pressure. Others may simply be unable to deal with the stress of being accused of the crime and agree to a deal to get it over with.

It should also be noted that a plea bargain agreement is final, if approved by a judge. This means that a person cannot change their mind later on. With so much at stake, it's important for those facing criminal charges to consult an attorney before they make this type of decision.