People facing criminal charges often catastrophize the situation. They picture the worst possible outcome and work themselves into a deep state of anxiety. While it is good to understand the reality of the situation, becoming overly emotional is not beneficial for those trying to rationally handle pending criminal charges.
It is often important for criminal defendants to learn about the charges they face and the penalties possible. They may also need to evaluate different ways of responding to those charges. Those hoping to limit the fallout of criminal prosecution may consider entering guilty pleas. They may hope that their cooperation with the state might inspire a more lenient criminal sentence.
Can a guilty plea help a defendant avoid incarceration if jail time is a common consequence of the charges that they face?
Pleading guilty does not ensure a lesser sentence
Frequently, defendants assume that throwing themselves on the mercy of the courts is the best possible solution when facing criminal charges. They believe that showing remorse and cooperating with the state may inspire a less severe sentence.
What defendants sometimes fail to understand is that charges tend to carry both minimum and maximum penalties. While the exact sentence imposed depends on the situation to a certain degree, a guilty plea generally means that they face at least the minimum penalties established in state statutes.
After entering a guilty plea, a defendant has no control over the sentence imposed by the courts. Those contemplating a guilty plea may want to work with an attorney to negotiate a plea bargain. Prosecutors may agree to certain concessions.
Plea bargains or plea deals are somewhat different from a basic guilty plea. They involve direct cooperation with the prosecutor. Many criminal cases result in plea bargains because they offer enhanced control over the outcome. A defense attorney may be able to negotiate lesser penalties or even lower charges in exchange for the defendant pleading guilty.
In some cases, prosecutors may agree to take jail time off of the table in exchange for a guilty plea and a sentence of probation. Other times, it may be possible to negotiate to plead guilty to a lesser offense that does not carry a mandatory minimum jail sentence. The nature of the charges and the evidence held by the prosecution are both among the important considerations that may influence a criminal defense strategy.
Discussing pending charges with a lawyer can help people determine the best way to respond. Sometimes, pretrial diversion programs or plea bargaining may be among the best options available to those facing criminal charges.