Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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A plea bargain, or plea deal, is an agreement between you and the prosecutor to resolve a criminal case. You agree to plead guilty rather than taking the case to trial. The prosecutor will often agree to reduce the charge or the penalties of the conviction. A plea deal can be struck at any point before the verdict.
A plea deal is a binding agreement between you and law enforcement. You agree to plead guilty to the charges laid out in the plea deal. In many cases, the prosecutor agrees to make the charges in the plea deal less severe than the original charge that you were facing.
The judge then has to approve the plea bargain for it to become effective. The judge will go to significant lengths to ensure that you understand the nature of the plea bargain. The judge will also make sure that you agreed to it voluntarily.
By taking a plea bargain, you give up your constitutional right to a trial. Instead, you agree to admit to the criminal offense laid out in the plea agreement. This leads to a criminal conviction. You will then go straight to the sentencing hearing.
In some cases, accepting a plea deal can be in your best interests. If the prosecutor has a strong case and is willing to accept a deal that has terms that you want, the penalties may be less severe than if the case went to trial.
In other cases, a plea bargain may not be in your interests. If you have a strong legal defense to the charge, pleading guilty would mean you never get to use it. If the prosecutor offers a reduced sentence in these situations, it may be an attempt to avoid pursuing a weak case that the prosecutor does not think they can win.
Whether to take a plea bargain or not is often one of the most important decisions that you have to make. The best way to know if it is in your best interests or not is to discuss it with a criminal defense attorney from a local law firm.
The plea bargaining process is a negotiation between you, usually through your criminal defense lawyer, and the prosecutor. Criminal law allows plea negotiations to begin early in the criminal process. They often begin at the arraignment. A plea deal can usually be struck at any point before trial. Either side can initiate the plea bargaining process.
Many plea bargains are struck during the pretrial phase of the criminal justice system. In California, many plea deals for felony cases are made during or after the preliminary hearing.
The vast majority of criminal cases are resolved through a plea deal, rather than by trial and verdict. This is because a plea bargain can be seen to benefit all of the parties involved.
For you, a plea deal provides a sense of certainty in sentencing. If you refuse the plea deal and take the case to a jury trial, you might get acquitted by the jury. However, if you get convicted, you will be subject to a range of sentences and penalties. Because the plea deal says exactly what the sentence will be, you may see it as a predictable option, especially for serious charges.
You may also not have the resources or ability to take your case all the way to a criminal trial. Ending it early reduces the cost and stress of a criminal allegation.
For the prosecutor, a plea deal means that the criminal case gets resolved more quickly. The district attorney does not have to prepare for trial. They can stop gathering evidence and interviewing the victim and witnesses. This saves time and money. When enough criminal cases are resolved through the plea bargaining process, the District Attorney’s Office does not need to keep as many prosecutors on staff.
The benefits for the court are similar. By resolving the case early on, without the need for a costly and time-consuming trial, it preserves the limited resources of the court system.
There are 4 common types of plea bargains. They are based on what is covered by the plea deal:
Charge bargaining is one of the most common. It is especially common if you are accused of a first offense of driving under the influence (DUI). In California, the prosecutor may offer a plea bargain that requires your guilty plea to be a “wet” reckless. This lesser charge is a misdemeanor. It is a less serious offense that comes with lower penalties and often less jail time. However, it can be used as a prior DUI offense, should you face criminal charges for DUI in the next 10 years.1
Sentence bargaining is common with low-level offenses that have diversion programs. If eligible you can plead guilty and enter the diversion program. These programs are similar to probation. If you complete it successfully, the charges will be dropped or dismissed. They can then expunge the entry from your criminal record.
Fact bargaining often involves a no contest, or nolo contendere, plea. Rather than pleading guilty, you merely agree to accept whatever punishment that the court imposes. This is especially common if you want to protect your reputation. By pleading no contest and accepting the court’s punishment, the facts of your case are never developed.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.