Who is Involved in Making a Plea Agreement?
Whether you are facing serious felony charges, or you are a first-time offender facing misdemeanor charges, you may be wondering about the possibility of a plea agreement, also known as a plea bargain. Plea agreements involve the prosecution offering the defendant an agreement that requires an admission of guilt, usually to the highest charged offense, and includes an agreement as to what the terms of the sentence will be. The thinking behind plea agreements is that the prosecution can avoid the costs and time of a criminal trial, and the defendant will receive a lesser sentence than they would receive from the judge following a guilty verdict at trial.
Our Indianapolis criminal defense attorneys can provide you with more information about the process for reaching a plea agreement and how you can protect yourself from an unfair deal.
Statutory Parties Involved in a Plea Agreement
Under IC 35-35-3-1, a plea agreement is defined as “an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.” By this definition, the only two parties who are legally required to be involved in a plea agreement are a prosecuting attorney and the defendant (meaning the person facing criminal charges).
However, given that a plea agreement will involve a criminal conviction on the defendant’s record, it is crucial for the defendant to seek legal advice from a defense attorney. In other words, a criminal defense lawyer in Indiana should also be involved in any plea negotiations.
Why You Should Work with a Defense Lawyer for a Plea Agreement
If you are facing criminal charges, why should you always involve a criminal defense attorney in plea agreement discussions? In short, the stakes are too high — you will want to make sure that accepting a plea agreement is actually the right decision for you, and you will want to make sure that you are getting the best possible deal from the prosecuting attorney. These are both aspects of the plea agreement process where you will want an experienced defense lawyer on your side.
Contact Our Indianapolis Criminal Defense Attorneys for Assistance with a Plea Agreement
If you are facing criminal charges and a plea agreement is a possibility, it is essential to discuss the details of the plea with a defense lawyer. Your defense attorney will help you to understand the terms of and the consequences of accepting the plea agreement. While the decision to accept a plea agreement or not belongs entirely to the accused, it is not a decision that you should make without legal counsel. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today about the criminal charges you are facing, your defense options, and the possibility of a plea agreement. Contact us today to find out more about how we can assist you.
Source:
law.justia.com/codes/indiana/2011/title35/article35/chapter3/
