Factors to Consider: Taking a Plea or Going to Trial

Plea agreements in Indianapolis are governed by IC 35-35-3. Under this section of the law, a plea agreement “means an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.” More simply, a plea agreement involves the defendant agreeing to plead guilty to a criminal offense, which may be a lesser offense than what they would face charges for or an agreement that involves a lesser sentence than what they could receive if convicted at trial. In other words, the defendant typically gains something by agreeing to a plea agreement, and the prosecution can avoid the time and expense of a trial. In order for a plea agreement to be finalized, it must be accepted by the court. While plea agreements are typically accepted or approved by the court, the court does have the ability to reject a plea agreement under certain circumstances, so it is important to understand the terms of the agreement and your options clearly.

If you are considering taking a plea, you are likely wondering how you should weigh the pros and cons of taking the plea agreement versus going to trial. The following are key factors for you to consider.

What to Consider in Deciding Whether to Accept a Plea Agreement 

The following are some of the central considerations you will want to take into account in discussing whether or not to accept a plea bargain with your Indianapolis criminal defense attorney:

• The strength of the State’s case against you with regard to the filed charges and the strength of the State’s case against you with regard to the proposed amended charges in the plea agreement.
• What is the sentencing benefit you are being offered under the terms of the plea agreement versus the sentence you expect to receive from the Court if you would lose at trial.
• If you want to resolve the matter more quickly, a plea agreement is the way to do that. If you take the case to trial, it can delay resolution of the case for weeks, months, or even years.

Contact Our Indianapolis Criminal Defense Lawyers for Assistance Today 

If you are facing criminal charges of any type and want to find out more about your options for a plea agreement, or if you have questions about a plea you have been offered, it is critical to have an experienced attorney on your side. While accepting a plea agreement can often be beneficial for a defendant, it is essential to understand that accepting a plea amounts to a conviction, and you will want to be certain that this is the right decision before you move forward. One of our experienced Indianapolis criminal defense lawyers at Rigney Law LLC can learn more about the criminal charges you are facing today, and we can assist you in making a considered decision about a plea. We also may be able to negotiate a more favorable plea agreement with the prosecution on your behalf. Contact us for more information.

Source: 

law.justia.com/codes/indiana/2011/title35/article35/chapter3/