How Plea Bargains Work in Phoenix Criminal Cases: Pros and Cons

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Last Updated on: 5th October 2023, 07:37 am

 

How Plea Bargains Work in Phoenix Criminal Cases: Pros and Cons

Plea bargains are super common in Phoenix criminal cases. Basically, it’s when the prosecutor and defense attorney make a deal to resolve a case without going to trial. The defendant pleads guilty, usually to a lesser charge, in exchange for a lighter sentence. Plea deals happen in like 90% of cases — going to trial is pretty rare nowadays. Let’s break down how plea bargaining works, the different types of deals, and the major pros and cons of accepting a plea offer.

What is Plea Bargaining?

Under the Arizona Rules of Criminal Procedure, the prosecutor and defense attorney can negotiate a plea agreement to settle a case. This is called “plea bargaining” or just taking a “plea deal.” The two sides discuss things and try to come to terms that work for both — the defendant gets a lighter punishment, while the prosecutor still gets a conviction. It’s like a contract between them.

There’s a few reasons why plea bargaining is so common:

• It’s faster and cheaper than going to trial
• It reduces the prosecutor’s caseload
• It gives the defendant a guaranteed outcome
• It avoids the risk of harsher punishment after trial

Trials are time-consuming and expensive for the courts. Plea deals let prosecutors resolve cases quickly and move on to the next one. Defendants also often want to avoid the uncertainty of trial. By pleading guilty upfront, they know exactly what their punishment will be rather than leave it up to a jury.

Types of Plea Bargains

There’s a few main ways charges can be reduced or modified as part of a plea deal:

Charge Bargaining

This is when the prosecutor agrees to let the defendant plead guilty to a lesser charge that carries a lighter sentence. For example, pleading to misdemeanor assault instead of felony assault. Or pleading to simple drug possession instead of drug trafficking. Charge bargaining changes the actual offense itself.

Count Bargaining

Sometimes prosecutors stack multiple charges against a defendant for a single incident. Count bargaining is when the prosecutor agrees to drop certain charges in exchange for a guilty plea on the remaining ones. This avoids “double punishment” by narrowing down the charges.

Sentence Bargaining

The prosecutor can also agree to recommend a lighter sentence to the judge after a guilty plea. This is called sentence bargaining. The charges themselves don’t change, but the prosecutor advocates for less jail time. Defendants are not guaranteed to get the recommended sentence, but judges often defer to the prosecutor’s suggestion.

Fact Bargaining

In fact bargaining, the prosecutor and defendant negotiate the facts of the case that are presented to the court. They “edit” the facts to appear more favorable to the defendant. This makes it easier for the judge to give a lighter punishment. Fact bargaining is kind of controversial though.

The Plea Bargain Process

If the prosecution makes an offer, here’s how it usually goes down:

1. Prosecutor makes initial offer based on charges and criminal history
2. Defense attorney counters with their “wish list” terms
3. Negotiation goes back and forth until both sides agree
4. Written plea agreement is signed spelling out the terms
5. Defendant enters guilty plea at change-of-plea hearing
6. Judge questions defendant to ensure the plea is voluntary
7. Judge accepts plea and sets sentencing date

It’s like a back-and-forth discussion where both sides compromise until they reach a middle ground. The agreed plea terms are then written up in an agreement that gets signed.

At the change-of-plea hearing, the judge questions the defendant to make sure they understand the plea terms and are pleading guilty voluntarily. The judge wants to confirm the defendant isn’t being coerced. If everything checks out, the judge officially accepts the guilty plea.

Pros of Plea Bargaining

Plea deals offer many benefits to defendants:

• Certainty – Defendants know exactly what their punishment will be rather than leave it to a jury.
• Lighter sentence – Plea deals often come with significantly reduced jail time.
• Avoid trial – Defendants avoid the stress and uncertainty of trial.
• Save money – Defendants save on legal fees and costs compared to trial.
• Quick resolution – The case gets resolved in weeks/months rather than dragging on for years.
• Privacy – Plea deals avoid the public scrutiny of a trial.

Many defendants take a plea just to have their punishment guaranteed upfront. The sentence is almost always lighter too compared to if they lost at trial. Even innocent defendants often take pleas just to get it over with.

Cons of Plea Bargaining

Plea bargaining also has some big downsides:

• Felony conviction – Pleading guilty results in a permanent criminal record.
• Admit guilt – Defendants must admit guilt even if they’re innocent.
• Waive rights – Defendants waive their trial rights like challenging evidence.
• Unpredictable judge – Judges can reject plea deals or give different sentences.
• Difficult appeals – It’s very hard to appeal after taking a plea.

The main risk is that defendants get a felony on their record that can’t be expunged. Their conviction and sentence is set in stone. Going to trial and being found not guilty is the only way to avoid a record. So innocent defendants have to choose between a lighter sentence by pleading guilty or fighting the charges at trial.

It’s a tough decision with big pros and cons to weigh. An experienced criminal defense attorney can help advise if a plea is favorable based on the charges and potential sentencing. But ultimately it’s the defendant’s choice whether to accept or reject a plea offer.