Why do innocent defendants sometimes negotiate plea bargains?

By Nilson Brand Law

Police officers and other law enforcement professionals can make mistakes during investigations. They might identify the wrong suspect in some cases. Other times, improper analysis of evidence could lead to the state reaching the wrong conclusion.

Those who assert their innocence may choose to take their cases to trial. However, the vast majority of modern criminal cases result in a plea bargain. Even those who deny criminal conduct may agree to accept a plea bargain instead of going to trial.

Why do some defendants, who insist that they did not break the law, choose to negotiate with a prosecutor instead of fighting their charges?

To reduce the charges

People may feel incredibly anxious when facing allegations of a felony offense. It is also natural to feel nervous when prosecutors try to pursue multiple charges over a single incident.

Plea bargaining can result in the dismissal of certain pending charges or a reduction in the severity of the offense. The prosecutor might agree to accept a plea to a misdemeanor charge instead of a felony offense, for example.

To eliminate certain penalties

State sentencing guidelines often establish both minimum and maximum consequences for different charges. People hoping to avoid jail time or other criminal consequences might prefer to negotiate with the prosecutor instead of taking the case to trial.

An attorney might be able to convince the prosecutor to make sentencing concessions in exchange for a guilty plea. For other people, speeding up the resolution of a highly stressful situation or keeping their total costs low are the priorities that lead them to plead guilty instead of fighting their charges.

Reviewing the state’s case with a skilled legal team can help people determine how to respond. A plea bargain is one of many potentially viable responses to pending criminal charges.