If you're facing federal or state criminal charges in South Carolina, there's a chance the prosecution will offer a plea deal, depending on the nature of your charges. A plea bargain is an agreement between a defendant and a prosecutor. In this agreement, the defendant agrees to plead guilty to a lesser charge or one of multiple charges in exchange for a more lenient sentence or the dismissal of other charges. Plea bargains help resolve cases more quickly, often without going to trial.
You should only consider accepting a plea bargain when the evidence against you is strong. You should also consider whether a plea deal offers a significantly reduced sentence or lesser charge than the potential penalties if convicted at trial.
However, you might want to reject a plea bargain if:
- You believe you have a strong defense.
- If the plea deal still carries severe consequences.
- If you're concerned about the long-term impact of having a criminal conviction on your record.
What are the advantages of plea bargains?
If you're in a position where accepting a plea deal may be the better option, it may offer several advantages that could improve the outcome of your case. These include:
Reduced sentencing
One of the most significant benefits of a plea bargain is the potential for reduced sentencing. By pleading guilty to a lesser charge, a defendant can often avoid the harsher penalties that might result from a conviction at trial. For example, if you're facing a serious felony charge, you may be able to plead to a misdemeanor. This would result in a lighter sentence and fewer long-term consequences.
Faster resolution
Plea bargains allow for a quicker resolution of criminal cases. Trials can be lengthy, stressful, and expensive. A plea bargain can save the defendant and their family from the emotional and financial strain of a prolonged court battle. In South Carolina, where court dockets can be crowded, a plea bargain may allow a defendant to move on with their life sooner.
Certainty of outcome
Criminal trials are inherently unpredictable. Even with a strong defense, there is always a risk of conviction. A plea bargain provides a guaranteed outcome, which can be reassuring for defendants who want to avoid the uncertainty of a trial. By accepting a plea bargain, you know exactly what the penalties will be and will be prepared for them.
Lower costs
Legal fees for a full trial can be prohibitively expensive. Plea bargains can reduce these costs significantly by shortening the duration of the legal process. This can be particularly important for defendants already facing financial difficulties due to their legal troubles.
Less public exposure
If you go to trial, your case will be public and could potentially draw unwanted attention to you and your family. A plea bargain often allows your case to be resolved with less publicity. This helps you maintain a lower profile and avoid the stigma that can come with a public trial.
What are the disadvantages of plea bargains?
Before accepting a plea deal, it's important to consider disadvantages to ensure you're making the right decision. These include:
Possible coercion
You may feel pressured to accept a plea bargain, even if you believe you're innocent. The fear of facing a harsher sentence, if found guilty at trial, could lead you to accept a plea deal against your better judgment. This can be particularly problematic if you don't have strong legal representation or are unaware of your rights.
Criminal record
Accepting a plea bargain still results in a criminal conviction, which can have long-lasting effects on your life. A criminal record can impact employment opportunities, housing options, and even the ability to obtain certain professional licenses. In South Carolina, this is a significant consideration, as a conviction can follow a person for years.
Waiver of rights
By accepting a plea bargain, you waive your right to a trial by jury, the right to confront witnesses, and the right to appeal. This means you give up important protections designed to ensure a fair trial. Once a plea bargain is accepted, there's no turning back if you regret your decision.
Limited appeal options
Plea bargains generally include a waiver of the right to appeal the conviction or sentence. This means that if new evidence emerges or if there are concerns about the legality of the plea, you may have limited options for challenging the outcome.
Need help with federal or state criminal charges?
Whether you're dealing with a DUI, drug charges, theft, or white-collar crimes, it's important to have an experienced attorney who understands the criminal justice system in South Carolina. Matt Bodman is that attorney. With years of experience as a former assistant prosecutor in Richland County, Attorney Bodman knows how to build strong defenses and get results for his clients.
If you're charged with a federal or state crime, or if you're under investigation, Attorney Bodman can fight to get your charges dropped or reduced. He'll take the time to understand your case, explain your options, and help you decide on the best legal strategy. To learn more about how he can help, contact us online or call our Columbia, SC, law office for a free consultation.
"Matt was such a blessing! He helped me through my case and was there for me step by step. He gave me his cell phone number and was there when I had a question or concern. I couldn't be more happier with the result of my case and I wouldn't think twice about calling him to represent me again!" - Former client
