How Do Plea Bargains Work in Indiana?
For many people who have been criminally charged in Indiana, plea bargaining is a very important component of their case. Plea bargains can significantly impact the outcome of your case, the severity of the penalties you face, and even long-term consequences, such as your permanent criminal record. It is critical that you understand how the process works and what is involved so you can better prepare for this part of your case. Below, our Indianapolis criminal defense lawyers explains in greater detail.
What are Plea Bargains?
Plea bargains are agreements between defendants and prosecutors. A defendant may agree to plead guilty and in exchange, the prosecution grants certain concessions. These may include:
- Reduced charges that have reduced sentences attached
- Shorter sentences or reduced penalties
- Alternative sentencing, such as community service or probation
- Avoidance of prison or jail time
Plea bargaining refers to the process of negotiations that typically take place between criminal defense attorneys and the prosecution. There are many benefits to plea deals for both sides. They allow the prosecution to save resources and time while giving defendants an outcome that is more favorable than if their case proceeded to trial.
How Does the Process Work?
Plea bargaining involves many steps. These include:
- Reviewing the case: Your criminal defense lawyer will carefully review the evidence against you and identify the strengths and weaknesses in the prosecution’s case. This can include witness statements, police reports, photographic or video evidence, and forensic evidence. After reviewing the State’s evidence and talking to you about what you remember about the events, your lawyer will determine whether accepting a plea is in your best interest or not. They will also make a recommendation regarding your decision to proceed to trial.
- Negotiations: If the prosecutor has not already sent an initial offer, your lawyer will then contact the prosecutor to ask for one. It is important to understand that while plea negotiations are standard practice, the prosecutor is under no obligation to make an offer or to negotiate on their offer if they make one. To make a counter-offer is a rejection of the prior offer, if either the offer or counter-offer is accepted, negotiations are over.
- Acceptance and court approval: If you accept a plea from the prosecution, the deal must be presented to a judge. In Indiana, judges cannot change the terms of a plea, but they do have the discretion to accept or reject the agreement. You must enter your plea knowingly and voluntarily. During the plea hearing, the judge will ask you questions to make sure that you understand the consequences of accepting the offer, including any jail sentences and fines associated with it.
Should You Always Accept a Plea?
While the vast majority of cases are resolved through plea agreements, whether it is in your best interest or not depends on whether or not you committed the crime and whether or not the prosecution is expected to prove it at a trial. There are times when pleas are not in a defendant’s best interest. Examples are when the prosecution’s evidence is weak, your case involves constitutional violations, or key witnesses are unavailable or unreliable. In these instances, if your attorney cannot convince the prosecution to make an appropriate offer or dismiss the charges, trial may be in your best interest.
Our Criminal Defense Lawyers in Indianapolis Can Help You Through the Process
Plea bargaining is an important part of the process in criminal cases. At Rigney Law, LLC, our Indianapolis criminal defense lawyers can guide you through the process and negotiate with the prosecution on your behalf to help you obtain the best outcome possible. Call us today at 317-623-0989 or contact us online to schedule a consultation.
Source:
law.justia.com/codes/indiana/2010/title35/ar35/ch3.html