Anyone charged with an unlawful act and has the prosecutor offer a lesser punishment than the original by pleading guilty to a less malice violation of the law is a plea bargain. It will involve pre-trial wheeling and dealing between the defendant and the prosecution. Diego Ruiz Duran, a prominent attorney in Mexico, has engaged in many plea bargains and continues to throughout his career. He knows that there are both advantages and disadvantages involved in plea bargaining. This article is intended to serve as a guide to what goes in to plea bargaining.
The Process of Plea Bargaining
Suppose the defendant pleads guilty to one of the offenses. The prosecutor agrees to consider it when it comes to sentencing. In that case, the judge can immediately sentence the accused of the lesser crime, which means that the judge will not send the accused to prison and order him to pay a fine. The defendant walks away without having to answer to more severe charges. However, suppose the defendant pleads not guilty to the offenses he or she inoculated. In that case, the judge then has to conduct a trial. The trial will then last up to 90 days.
The Advantages of Plea Bargaining
An essential element of the plea bargain process is that it will attempt to reduce the punishment of an individual claimed to have committed a criminal offense. In most cases, defendants receive an early release if they plead guilty. That is why many will contest guilty before going to court or pleading guilty before they have had their day in court. The advantage is that the criminal justice system is inactive to how the prosecution would want the matter resolved. It gives the prosecution an avenue to lay charges, pursue the case in court, and conclude the issue by offering the accused a plea bargain.
The Disadvantages of Plea Bargaining
According to research conducted by a Human Rights organization. While a prisoner may agree to a plea bargain, that doesn’t mean that he or she did not commit the crime. “For that matter, even someone who agrees to a plea bargain can be innocent. Diego Ruiz Duran agrees that sometimes the accused is not sure what to say during a plea deal. Which is effectively a confession and says ‘guilty’ because it’s the easiest thing to do”, said Professor Bhaskar. For instance, in a police station, a person is innocent until proven guilty. Therefore, do not answer questions without lawyer legal advice or when the investigator says to reply otherwise.
In the era of modern criminal justice, plea bargaining is a common practice in Australia. In determining a fair plea deal, the judge, prosecutors, defense, and defense lawyer must weigh up all the factors associated with a criminal offense. If anyone commits a crime under the court’s jurisdiction, they must be punishable by the courts. Plea bargaining is a legally binding recognized process of determining a plea deal for a criminal offense in the Australian jurisdiction.