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Some of us assume that judges issue most of the criminal sentences following a trial. This is not true. The truth is that many criminal sentences in Australia are often assigned by plea bargains, not trials.
What Plea Bargains Are
Plea bargains are agreements in criminal cases where we plead guilty to lesser charges or get lighter sentences to avoid going to trials. Usually, this is between defendants and prosecutors. They aim to resolve cases without lengthy court processes.
A plea bargain is also similar to a settlement in a civil case. Rather than risking losses and spending money and time developing full trial workups, the two parties negotiate penalties that they can all tolerate.
Generally, a plea bargain has a huge impact on the justice system. It helps everyone, including prisons/jails, criminal attorneys, prosecutors, defendants, and courts.
Why Take a Plea Deal?
A common scenario in which defendants plead guilty is when there is enough evidence against them or when they need to avoid the uncertainty and stress of trials.
By taking plea deals, defendants might forgo the chance of contesting pieces of evidence that might influence jury trials. This, in turn, helps to get better results than when a defendant is found guilty during a trial.
Types
- Fact bargaining encompasses defendants admitting to some facts in exchange for agreements not to introduce certain pieces of evidence.
- Charge bargaining is a widely used and common type of plea bargain. It often involves the defence lawyer/defendant and prosecutor negotiating specific crimes or charges for which the defendant may face a trial.
- Sentence bargaining involves agreements to plead guilty in exchange for lighter sentences. It ensures there is no need to prove a case or go through trials and gives defendants a chance to get lighter sentences.
How Criminal Defense Lawyers Help with the Process
Criminal defence attorneys in Sydney play an important role in the process of plea bargains. They negotiate terms with prosecutors, thus ensuring clients get the best possible results.
Their negotiation skills and expertise are important in navigating the challenges that the criminal justice system experiences. Skilled criminal defence attorneys in Sydney negotiate favourable terms, minimising sentences or getting their charges dropped.
Experienced attorneys also use negotiation strategies to pursue optimal results for clients. This might include presenting mitigating aspects, leveraging legal precedents, and presenting challenging evidence.
In addition, lawyers advocate for their clients’ best interests. Because of that, they don’t just provide legal and emotional support. They also understand their client’s needs and maintain open communication with them. Since not every plea bargain is in the defendant’s best interest, your attorney will help you reach an agreement that can suit your best interests.
In conclusion, having an experienced and skilled defence attorney is important in plea bargaining. Such an attorney will thoroughly strengthen your case and review pieces of evidence.
In addition, they will negotiate on your behalf to get a good plea deal and provide guidance, ensuring you understand the implications of accepting that deal. If the deal is not good for you, the attorney will prepare a great strategy for your trial.
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