12.6: Plea Agreements
In the United States, the vast majority of criminal justice caseAs are handled through the plea agreement process. After the defendant is arraigned, further hearings are set including an opportunity to resolve the case through a plea agreement. This process is usually negotiated in private, and out of view of the public and even the defendant. The prosecution, defense counsel, and a judge will often meet to determine if a resolution can be met. The district attorney will often agree to a reduction in the charges or offense if the defendant agrees to plead early and avoid a lengthy trial. The benefit to the defendant is they will often be able to serve a reduced sentence or potential credit for time served and immediate release onto community supervision (probation or parole). This is a big incentive, especially for those defendants who were not able to afford bail and are in jail pending the trial process. Some criticize this process and indicate defendants who may be innocent will accept the plea agreement, especially if offered credit for time served. However, the defendant may not understand all of the consequences that come from a guilty plea. If the crime was a felony, these have long-term consequences which include impacts on their employment, housing, voting rights, and the ability to possess a firearm. Additionally, if placed on community supervision, if they violate probation, they could be sentenced to prison and have no right to dispute the offense as they already plead guilty.