Plea Bargains in California Criminal Defense Law
Contents
- 1 Understanding Plea Bargains in California Criminal Defense Cases
- 2 What is a Plea Bargain?
- 3 The Benefits of Plea Bargains
- 4 Types of Plea Bargains in California
- 5 Charge Bargaining
- 6 Sentence Bargaining
- 7 Fact Bargaining
- 8 The Plea Bargaining Process
- 9 Recent Changes to California Plea Bargaining Laws
- 10 Choosing the Right Criminal Defense Attorney
- 11 The Bottom Line on California Plea Bargains
Understanding Plea Bargains in California Criminal Defense Cases
At Spodek Law Group, we know that facing criminal charges in California can be an overwhelming and stressful experience. You may feel like your future is uncertain and that the odds are stacked against you. But it’s important to remember that you have rights and options. One of those options that comes up in many criminal cases is a plea bargain.As experienced criminal defense attorneys, we’ve helped countless clients navigate the complexities of the California criminal justice system, including negotiating favorable plea deals when appropriate. In this article, we’ll break down everything you need to know about plea bargains in California so you can make informed decisions in your case.
What is a Plea Bargain?
First, let’s define what a plea bargain actually is. In simple terms, it’s an agreement between the defendant (the person accused of a crime) and the prosecutor. Under a plea bargain, the defendant agrees to plead guilty or no contest to one or more of the criminal charges in exchange for certain concessions from the prosecution.These concessions can take a few different forms:
- The prosecutor may agree to dismiss some of the charges
- They may reduce a charge to a less serious offense
- They may recommend a more lenient sentence to the judge
The judge still has the final say and doesn’t have to accept the plea bargain terms, but they usually do. Plea bargains are incredibly common in California criminal cases. In fact, the vast majority of convictions are the result of plea bargains rather than trials.
The Benefits of Plea Bargains
You may be wondering – why would someone ever plead guilty if they have the right to a trial? There are actually several potential benefits to accepting a plea bargain:
- Reduced charges/penalties: As mentioned above, a plea deal usually involves the prosecutor agreeing to reduce the charges or recommend a lighter sentence. This can mean the difference between a misdemeanor and a felony, or probation instead of jail time.
- Certainty of outcome: Trials are unpredictable. You never know how a jury will decide. With a plea bargain, you have some control and certainty over the outcome of the case.
- Saves time and money: Trials can be very lengthy and expensive. For defendants, that means more legal fees and more time away from work and family. Plea bargains can wrap up a case much faster.
- Avoids publicity: Trials are public record. If you’re concerned about privacy and reputation, a quiet plea bargain may be preferable to a high-profile trial.
- Possibility of release: In some cases, a plea deal may get you out of custody immediately if you’ve been held in jail pre-trial.
However, plea bargains aren’t the right choice in every situation. You are waiving important constitutional rights, like the right to confront witnesses and the right to appeal. That’s why it’s crucial to discuss your case in detail with a knowledgeable California criminal defense lawyer before accepting any plea offer.
Types of Plea Bargains in California
There are a few main categories that plea bargains typically fall into:
Charge Bargaining
This is probably the most common type of plea bargain. It involves the prosecutor agreeing to dismiss certain charges or reduce a charge to a less serious offense in exchange for a guilty plea on the remaining counts. For example:
| Original Charges | Plea Bargain |
|---|---|
| Felony burglary | Reduced to misdemeanor theft |
| DUI causing injury + resisting arrest | DUI dismissed, pleads to resisting arrest |
| Domestic violence + criminal threats | Domestic violence charge reduced to battery |
Sentence Bargaining
In sentence bargaining, the defendant pleads guilty to the charges as-is, but the prosecutor agrees to recommend a specific sentence to the judge. These deals often include the prosecutor agreeing not to seek the maximum sentence. For instance:
| Charges | Maximum Sentence | Plea Deal |
|---|---|---|
| Felony drug possession | 3 years in prison | Prosecutor agrees to recommend probation and drug treatment |
| Felony DUI with priors | 4 years in prison | Prosecutor caps sentence at 2 years |
Fact Bargaining
Fact bargaining is less common and more controversial. It involves the defendant stipulating to certain facts in order to preclude other facts from being introduced at trial or sentencing. For example, a defendant might stipulate to the amount of drugs to avoid more serious charges. However, many prosecutors and judges view fact bargaining as unethical and won’t allow it.
The Plea Bargaining Process
Every case is unique, but there’s a general process to plea bargaining in California. It usually goes something like this:
- Charges and arraignment: After you’re arrested and charged, you’ll have your first court appearance called an arraignment. This is where you enter your initial plea of guilty, not guilty, or no contest. Most defendants plead not guilty at this stage.
- Negotiations: Your defense attorney and the prosecutor will discuss the case and potential resolutions. This often involves your attorney pointing out weaknesses in the prosecution’s case and presenting mitigating evidence. There may be several rounds of offers and counter-offers.
- Plea offer: If negotiations are successful, the prosecutor will present a formal plea offer. Your attorney will advise you on the offer and your options, but the final decision to accept or reject is up to you.
- Plea hearing: If you accept the offer, the next step is a plea hearing in court. The judge will review the plea bargain terms and ask you questions to make sure you understand your rights and are entering the plea voluntarily. If the judge accepts the plea, they will sentence you according to the terms of the deal.
- Post-plea: Depending on the sentence, you may be taken into custody immediately or given a future date to surrender. If you’re sentenced to probation, you’ll be given instructions on your probation conditions and requirements.
It’s important to note that you can back out of a plea deal anytime before the judge accepts it. Once the judge does accept it, however, the deal is binding and you can’t change your mind later.
Recent Changes to California Plea Bargaining Laws
In recent years, there have been some important changes to plea bargaining in California. In 2020, a new law went into effect that limits plea bargaining in misdemeanor cases involving DUIs and certain domestic violence offenses. Prosecutors can no longer offer plea deals that convert DUIs or domestic violence crimes to lesser charges like reckless driving or simple battery. The goal was to hold offenders more accountable and ensure these crimes are charged appropriately.Additionally, in 2021, another law was passed that requires prosecutors to get consent from victims before offering plea deals in certain sex crime and domestic violence cases. The law applies to “sexually violent felonies” and felony domestic violence offenses. It’s intended to give victims more of a voice in the process and prevent plea bargains that victims strongly oppose.
Choosing the Right Criminal Defense Attorney
Considering the high stakes involved in criminal cases, it’s absolutely essential to have an experienced California criminal defense lawyer on your side. Plea bargaining is both an art and a science. It requires extensive knowledge of the law, the local court system, and effective negotiation tactics. You want an attorney who has a proven track record of getting favorable results for clients through skillful plea bargaining when appropriate.At Spodek Law Group, our seasoned criminal defense attorneys have successfully handled thousands of cases throughout California. We know the ins and outs of the plea bargaining process and how to negotiate from a position of strength. We also have a deep understanding of sentencing laws and alternatives to incarceration. Our goal is always to achieve the best possible outcome for each client, whether that’s through a plea bargain, a dismissal, or an acquittal at trial.When you hire us, we’ll thoroughly review the evidence, identify any legal issues or defenses, and advise you of all your options. We’ll also be your fierce advocate in plea negotiations, fighting to get you the most advantageous deal possible under the circumstances of your case. And if a plea bargain isn’t in your best interests, we have the trial skills to take your case to court and argue zealously on your behalf.
The Bottom Line on California Plea Bargains
Plea bargains are a significant part of the criminal justice system in California. While they’re not right in every case, they can offer some important benefits under the right circumstances. However, before accepting any plea deal, it’s crucial that you fully understand the consequences and how the conviction may impact your life.If you or a loved one is facing criminal charges in California, don’t try to navigate the system alone. Contact the dedicated defense lawyers at Spodek Law Group for a personalized consultation. We’re here to protect your rights, reputation, and freedom.Remember – with the help of our attorneys, you can get through this difficult time and move forward with your life. Let us put our experience and expertise to work for you.Call us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule an appointment. We’re ready to fight for you.