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Which type of plea bargain is right for you?

On Behalf of | Jun 13, 2023 | Criminal Defense

If you are indicted and charged with a crime, the prosecution may offer a plea deal. Sometimes, this may be a great idea, especially if you want the matter to be resolved faster.

However, not all plea bargains are the same. Subject to the circumstances of your case, the prosecution may offer you one of these three types of plea bargains.

1. Charge bargaining

A charge bargain happens when you accept to be charged with a less serious offense than what you were initially arrested and booked for. For instance, if you are arrested and arraigned for DUI, which comes with more serious punishment, you may plead guilty to wet reckless instead. Essentially, this is a reckless driving charge that involves alcohol and often carries a lesser punishment than a DUI conviction.

2. Sentence bargaining

As the name suggests, this type of plea bargain comes at the tail end of your trial when you agree to plead guilty to a certain charge in return for a lesser sentence. The sentence in question, however, must be in tandem with the law to be approved by the court. For instance, if the judge believes the sentence bargain you entered into is a slap on the wrist that does not serve in the interest of justice, then they may reject the deal.

3. Fact bargaining

During a fact bargain, the prosecution may agree to withhold certain facts regarding your case and, thus, keep it out of the court’s records. In return, you must agree to certain facts of the crime you are being accused of.

Protecting your interests

A plea bargain comes with its share of merits and demerits. Thus, before entering a plea deal, it is in your best interest that you understand how your decision will impact your case.