Plea Bargain Vs. Trial, Virginia Criminal Law, Virginia Criminal Lawyers and Attorneys

Bose Law Firm, PLLC
Virginia Criminal Defense Lawyers
Former Police and Investigators

Email: bose@boselawfirm.com

McLean Offices:
8180 Greensboro Drive
Suite 775
Mclean, VA 22102

Springfield Offices:
6354 Rolling Mill Place
Suite 102
Springfield, VA 22152

Telephone: 703-926-3900
Toll Free: 877-372-2827



THE PLEA BARGAIN VS. TRIAL
	1. Most criminal cases end through the plea bargain process. A plea bargain is a type of contract or agreement between the accused and the prosecutor. In exchange for the accused's admission of guilt without having to take the case to trial, the prosecutor and defendant's attorney can negotiate an outcome to the case. If the client agrees with the negotiated settlement, the next step is getting the approval of the judge who must also agree with the plea bargain. If all parties agree, that will become the order of the court. If the client does not agree with the plea bargain after thorough discussion with counsel, then the client may either plead guilty directly to the judge or take his case to trial. The client's decision should be made after careful consideration with counsel as to the appropriate course of action based upon the facts in the case. KNOW YOUR JUDGE: Before taking any case to trial or pleading guilty directly to the judge, it pays to know the temperament of the person sitting behind the bench. Whereas some judges may be more sympathetic to a defendant's situation, other judges may be more inclined to "drop the hammer" on the guilty. Where a judge has a reputation for being tough on the guilty, it may be wise to work more carefully through the plea bargaining process. This is where good and knowledgeable counsel can help you through the process. 2. The attorney should make the client aware that by admitting or pleading guilty, the client waives important rights protected under the Constitution with respect to the alleged offense. Such rights include: The right to remain silent The right against self-incrimination The right to have the attorney assist the client in the trial of the case The right to cross-examine witnesses for the prosecution The right to have witnesses testify on behalf of the defendant during the trial The right to appeal the case if the guilty plea is entered in Circuit Court The right to a trial by jury of twelve individuals in felony cases who are selected from the community and who must all find the accused guilty The right to use the court to compel the production of documents and witnesses 3. The decision to take a plea bargain verses taking the case to trial should be carefully weighed between the attorney and the client. The attorney should carefully review the prosecution's evidence and have a working knowledge of the rules of evidence so as to know whether the prosecutor will have any difficulty in getting evidence before the judge based upon these rules. The attorney can also help the client identify the proper defense for the case and help the client assess the strength of the defense. Counsel should always be prepared to take the case to trial, which preparation will both assist in the negotiation process by giving the client leverage and ultimately place the client in a better position before the judge who is the final decision maker in the criminal process. return to top