Criminal Defense Lawyers

Considering Plea Bargains in Philadelphia Criminal Court

Plea bargaining is extremely common in the Philadelphia criminal justice system, with over 90% of cases resolving through a negotiated plea agreement rather than going to trial. As a defendant facing charges, it’s important to understand what plea bargains are, how they work, and things to consider when evaluating a plea offer from the prosecution.

What is a Plea Bargain?

A plea bargain is an agreement between the prosecution and defense where the defendant pleads guilty to a lesser offense than what they were originally charged with. So for example, if someone was charged with robbery, the plea bargain may involve pleading guilty to the lesser charge of theft.In exchange for the guilty plea, the prosecutor usually agrees to drop additional charges and/or recommend a lighter sentence to the judge. Some common components of plea bargains include:

• Pleading guilty to a lesser offense – This reduces the penalties the defendant is exposed to.
• Dropped charges – The prosecutor dismisses additional charges as part of the deal.
• Sentencing recommendations – The prosecutor recommends a lighter sentence, often below the standard guidelines.

Plea bargains allow both sides to avoid the time and expense of a trial. Over 90% of criminal cases resolve through plea bargains rather than going to trial.

Why Do Prosecutors Offer Plea Deals?

Prosecutors have a few key incentives to offer plea bargains:

• It saves time and resources. Trials require a massive investment of prosecutor time and effort. Plea deals resolve cases much faster.
• It reduces caseloads. Philadelphia prosecutors handle hundreds of cases per year. Plea bargains help clear their plate for other cases.
• It avoids trial risk. Even strong cases carry some risk of losing at trial. A plea deal guarantees a conviction.
• It gives victims closure. Victims often want to avoid testifying at a trial if possible. Plea deals provide quicker resolution.

For these reasons, prosecutors have a strong incentive to negotiate reasonable plea bargains in many types of cases.

Why Might a Defendant Accept a Plea Deal?

From the defendant’s side, there are also good reasons to accept a plea offer, such as:

• Avoiding serious penalties. Plea deals often come with much lower sentences than losing at trial.
• Reducing stress and anxiety. Trials represent a massive source of stress for defendants.
• Saving legal costs. Trials cost far more in legal fees than plea bargains.
• Getting out of jail quicker. Defendants can sometimes get released on bail shortly after pleading guilty.

That said, accepting a plea has permanent consequences in the form of a criminal conviction. It’s critical to weigh the pros and cons carefully.

Key Things to Consider About a Plea Offer

There are several important things defendants should think about when considering a plea bargain:

Strength of the Prosecution’s Case

• How strong is the physical evidence against you? Strong forensic evidence often indicates pleading may be wise.
• Are there credible witnesses to testify against you? Eyewitness testimony makes trial riskier.
• Any major holes in the prosecutor’s case? Weaknesses to exploit at trial?

Analyzing the strength of the case is key. The stronger the evidence, the more a plea bargain may make sense.

Potential Penalties After Trial

• How severe are the charges you face? Felonies carry much stiffer penalties.
• What is the likely sentence if you lose at trial? Evaluate the downside.
• Could charges be added if you don’t plead guilty? Pleading may cap charges.

Understanding your downside risks is critical when weighing a plea deal.

Personal Priorities and Values

Every defendant’s situation and priorities are unique. Important things to analyze:

• Your financial resources to mount a trial defense. Can you afford quality legal representation through trial?
• Your personal and family obligations. Will a trial prolong jail time and strengthen impact on family?
• Your immigration status. Convictions can trigger deportation for non-citizens.
• Your reputation and career. Will a trial garner harmful publicity even if found not guilty?
• Your values about admitting wrongdoing. Some defendants have strong desire to avoid saying they are guilty.

Personal factors like these shape the plea vs. trial decision. Discuss with your attorney.

Likelihood of Getting a Better Offer Later

It’s also useful to try assessing the prosecution’s flexibility:

• Is the prosecutor firm that this is their best offer? Or do they indicate openness to future negotiations?
• As you get closer to trial, does the offer get better or worse? Prosecutors often sweeten deals near trial dates.
• Could legal motions and investigations strengthen your bargaining position over time?

Understanding the future negotiating landscape can inform whether to accept an offer now.Weighing all these factors together with an experienced criminal defense lawyer is crucial for defendants to make an informed choice when considering plea bargains in Philadelphia. The decision carries life-changing implications, so conducting thorough analysis of the complex issues in play is an absolute must.

The Plea Bargaining Process in Philadelphia

If you decide to engage in plea negotiations in an attempt to resolve your criminal case in Philadelphia, the typical process goes as follows:

The Initial Offer

The prosecutor will outline the initial offer being extended to the defendant. This typically occurs at the preliminary arraignment hearing soon after arrest. The offer may include:

• Pleading guilty to reduced charges
• Recommendations for lighter sentencing
• Dismissal of additional charges

Defense lawyers can also initiate plea discussions by contacting the DA’s office.

Negotiations and Sweetening of Offer

In many cases, plea discussions involve back-and-forth negotiations between the defense and prosecution. As you get closer to trial, prosecutors will often “sweeten” their offer by:

• Reducing the charges further
• Recommending lighter sentences
• Dropping more additional counts

Skilled defense lawyers know how to negotiate plea bargains effectively over time.

Entering a “Slow Plea”

If a tentative plea agreement is reached, defendants can enter what’s known as a “slow plea” of guilty. This postpones formal sentencing for about 2-3 months.Slow pleas give defendants time to demonstrate compliance with conditions like:

• Avoiding new arrests
• Completing drug treatment
• Maintaining employment

By showing progress during the slow plea period, defendants can further reduce their sentence at formal sentencing.

The Formal Sentencing Hearing

During the formal sentencing hearing, the judge will review the plea agreement, charges pleaded to, and sentencing recommendations. The judge then makes a final binding decision on the sentence and conviction imposed.Factors judges consider include sentencing guidelines, input from prosecutors/defense, victims, probation department, and the defendant’s actions during the slow plea period.

Finding an Experienced Plea Bargain Lawyer

The bottom line is that evaluating plea bargain offers in Philadelphia requires informed analysis by an experienced local criminal lawyer. Key credentials to look for include:

• Decades handling criminal cases in Philadelphia courts
• Past working relationships with Philadelphia prosecutors
• Track record getting charges reduced and dismissed through plea bargains
• Knowledge of Philadelphia judges and their sentencing tendencies

This level of specialized expertise can prove invaluable in assessing the risks and opportunities presented by a plea offer according to the unique realities of the local criminal justice system.The stakes involved in considering plea bargains could not be higher. Partnering with a battle-tested Philadelphia criminal defense lawyer is strongly advised to protect your rights in this complex landscape.

Conclusion

Plea bargaining is by far the most common way for criminal cases to resolve in Philadelphia’s courts. As a defendant, fully understanding what plea agreements entail along with their potential benefits and drawbacks is critical.Carefully weighing the strength of the prosecution’s evidence, the penalties you face at trial, your personal priorities and values, and the likelihood of getting a better deal later are all key factors to analyze. Discussing all these issues thoroughly with an experienced local defense lawyer before making your plea decision is absolutely essential.