If you’ve been charged with a crime and the prosecutor offered you a plea bargain, you may be wondering if you should accept it. In making this decision, you should consider the advantages and disadvantages of plea bargaining in Arizona.

What is a Plea Bargain?

A plea bargain is an agreement in a criminal case between the prosecutor and the defendant. The defendant will agree to plead guilty or no contest, and the prosecutor will give the defendant something in return. For example, the prosecutor may agree that you can plead guilty to a less serious offense, or agree to drop several charges in exchange for a guilty plea on one. Sometimes, the offer will be that you will plead guilty as charged but will receive a lesser sentence.

In today’s criminal justice system, the vast majority of criminal cases are resolved with a plea bargain. Only 2% of federal criminal defendants go to trial, and the available statistics show that numbers may be even lower for criminal cases in state courts. While there are positives and negatives for both plea bargaining and going to trial, you should decide what is the best decision for your case based on the facts and circumstances of your situation. An experienced criminal defense attorney can provide invaluable advice about whether the plea bargain you have been offered is a good deal.

What Are the Advantages of Plea Bargaining?

Accepting a plea bargain can help save you time and money, and gives you a chance at a lighter sentence. These advantages are nothing to scoff at, and you should carefully consider if they make accepting a plea bargain the right choice for you.

1. Accepting a Plea Bargain is Much Faster Than Trial

The criminal justice system moves slowly. Courts are congested, judges have full dockets scheduled for weeks or even months, and everyone has to wait their turn. Not only does the process of preparing for and conducting a trial take time, but your case also has to go through several other stages before you even get to the trial stage.

You can accept a plea bargain much earlier in the criminal case process, which will allow you to resolve your case swiftly and efficiently. If you take your case to trial, you will have your pending criminal charge looming over your life for months, and sometimes even years.

Additionally, because there is much more work involved in going to trial, your legal fees will be much higher. For these reasons, agreeing to a plea bargain can save you both time and money.

2. Accepting a Plea Bargain Gives You a More Predictable Outcome

The results of a trial can be completely unpredictable, which make them a gamble as to what the outcome of your case will be. Taking a plea bargain can lead to a more predictable outcome because, in a plea bargain, your or your criminal defense attorney will be able to negotiate the terms of your sentence. While you may not know exactly what your sentence will be, accepting a plea agreement allows you and your attorney to have a strong influence on the ultimate decision.

3. Accepting a Plea Bargain Increases Your Chance of a Lighter Sentence

Usually, a plea bargain will result in a lighter sentence than a guilty verdict at trial because the prosecutor will allow you to plead guilty to a lesser offense or fewer offenses. If you take your case to trial and are found guilty, you could be convicted of the more serious crime, or, in the case of multiple charges, all of the offenses. With minimum sentencing laws, a conviction for a more serious crime usually means a longer sentence, as does a conviction for multiple crimes.

Judges also greatly prefer that cases be settled by plea bargain, and some will even strongly suggest that your attorney and the prosecutor reach a plea agreement. If you take a plea bargain, the judge will often give you a lighter sentence to promote the practice of plea bargaining.

What Are the Disadvantages of Plea Bargaining?

Although there are some pros to accepting a plea bargain, there are plenty of cons as well. By giving up your right to go to trial, you lose the opportunity to be found not guilty and receive no sentence at all and the chance to have your verdict decided by a jury. It’s also much more difficult to appeal your conviction if you plead guilty than if you are convicted at trial.

1. Accepting a Plea Bargain Guarantees a Conviction

If you accept a plea bargain, you are giving up the chance to go to trial and potentially be found not guilty. A not guilty verdict will result in no sentence whatsoever, and no conviction on your criminal record. Although it is not guaranteed, going to trial is the only way to receive a not guilty verdict. While taking a plea bargain may result in a lower sentence than if you are found guilty at trial, any sentence at all is worse than the result of a not guilty verdict.

2. Accepting a Plea Bargain Forfeits Your Right to Trial By Jury

The Sixth Amendment of the United States Constitution guarantees the right to a speedy and public trial by an impartial jury. If you go to trial, the prosecutor will have to prove beyond a reasonable doubt that you are guilty of the crime, and then a jury of your peers will have to unanimously agree that you are guilty. This is why people say you are “innocent until proven guilty” in America. On the other hand, if you accept a plea agreement, you will lose your constitutional right to trial by jury and will just admit to your guilt.

3. Accepting a Plea Bargain Makes it Much More Difficult to Appeal Your Conviction

Finally, if you agree to take a plea bargain and plead guilty to an offense, it is much more difficult for you to appeal your conviction. If your case goes to trial and you are found guilty, your criminal defense attorney can appeal your conviction or your sentence for a multitude of reasons. In Arizona, your attorney can also file a notice requesting post-conviction relief only if you were found guilty at trial.

A successful appeal will either get you a new trial or the prosecutor may dismiss your case. Your attorney’s possible arguments on appeal may include:

• The judge allowed the jury to hear evidence that should not have been admitted.
• The judge made an error in one or more decisions that he or she made.
• The jury or prosecutor engaged in misconduct.
• The severity of your sentence is unfair or unconstitutional.
• The evidence presented at trial does not support a guilty verdict.

If you accept a plea agreement and do not go to trial, you will not be able to appeal your conviction based on any of these arguments. You will only be able to appeal in limited circumstances, so you will almost always be stuck with a conviction after a guilty plea.

Get Advice from a Criminal Defense Attorney

The advantages and disadvantages of plea bargaining in Arizona can make it incredibly difficult to decide if you should accept a plea bargain. Consulting with a seasoned criminal defense attorney is crucial for you to make the best decision for your case. An attorney can provide guidance based on the facts of your case, the offer the prosecutor has presented, and his or her years of experience dealing with cases like yours.