Should I Agree to a Plea Bargain?Should I Agree to a Plea Bargain?The vast majority of criminal cases — over 90 percent — are resolved through plea bargain. Plea bargains occur when the defense and the prosecution reach an agreement, which usually entails the defendant agreeing to plead guilty or no contest in exchange for a lesser charge or a lighter sentence. The agreement is then presented to the judge for consideration, and if the judge feels that the resolution is fair to all parties, he or she will make it official. Why do so many people agree to plead guilty or no contest instead of going to trial? For the defendant, the advantages can be many. Taking a case to trial is a gamble, and a lot of people charged with a crime prefer to take a deal rather than risk getting a stiffer punishment. Depending on the crime, a plea bargain can quickly resolve the case and result in the defendant being released from jail. Pleading to a lesser charge results in a less serious offense on your criminal record. A lot of people simply want to avoid the hassle and cost of a criminal trial, or feel that loved ones would be better off if the matter was resolved more quickly. For prosecutors and judges, accepting a plea is usually a matter of practicality. For better or worse, there are simply not enough resources or time to take every case to trial. Prosecutors have a never-ending stream of work and plea bargains help them resolve issues quickly so they can move on to the next case. Judges have to take into account not only their own calendars (court schedules) but also crowded prisons and overworked state employees. In most cases, prosecutors, defense attorneys and judges keep fairness at the forefront of these types of negotiations, but the need for speed does certainly enter into the equation. As for whether you should take a deal, it depends on your particular case, the circumstances surrounding it, and your criminal history. A good defense attorney will give you the straight story as to what your chances at trial would likely be, and whether you would be better off accepting a plea bargain. While it may seem that they, too, are trying to hurry you through the system, and honest and experienced attorney will put your best interests ahead of getting your case over with. Despite what an attorney may know or recommend, the only person who can decide to take a plea is you, and you will have to weigh the pros and cons for yourself and your loved ones. Copyright © 2008 FindLaw, a Thomson Reuters business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter. |
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FAQ Criminal Defense
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Rob McKinney
Attorney at Law
214 2nd Ave N., Suite 103
Nashville, TN 37201
Phone: 615-259-9009
Toll-Free: 1-866-502-0009
Fax: 615-242-5967
"There are precious times in our lives when we are blessed with people in our life who make a difference. Although at times we may not have the right words to express just how grateful we are, we truly are grateful. God has brought you into our life, and we are forever thankful for you and all that you have done. Even if at times we may not say so. The picture included is of our daughter. We believe that it is she who will benefit the most from what you have done for us. Because of you, her father will be returned to her soon. That is why I would like to say thank you. People may not take the time to acknowledge the great work that you do or have done, but we want you to know that we do."
Thank You So Very Much - Nathan
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Thank you so very much Rob,
My regret is that we met under such a circumstance, my second regret is that we did not seek you sooner. Joshua's father did something good, he introduced us to you. You have been so important to us, some good comes from every misfortune, we were able to know you, and appreciate your talent.
Maybe Josh will further his education, if so this money will help him.
We will never forget you,
Thank you Robin,
(names omitted to protect confidentiality)
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Dear Rob,
I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.
Sincerely,
A.W.
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Rob,
Thank you for always taking care of Charles, Jessica and Drew for me. Without your help I would not know what to do or who to turn to. You are more to us than just a lawyer. Your are a friend someone who is always there for us.
Thank you,
JB
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Dear Rob,
I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
Thanks again,
R
PS I really can't thank you enough.
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Rob,
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.
Sincerely,
LM
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Dear Rob,
I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.
Sincerely,
A.W.
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Attorney Rob was the attorney I hired to defend me for a DUI arrest I experienced in 2007. It took place in a TN county that is notorious for refusing to plead down DUI's to lesser charges under any circumstances, and for insisting on nothing less than at least the minimum sentencing requirements for this offense. (Williamson) Upon the very first viewing of my "arrest tape" that we were finally allowed to see - along with the arresting officer, Rob was able to spot the officer giving me a bad command, starting me out on the wrong foot. Rob, himself, has been through field sobriety courses, has achieved certification, and knows the correct procedures the officers should follow. When he pointed this out to him, the officer was evidently rattled enough to realize that he had even more to lose than just the case if it went to trial. This one factor influenced heavily the outcome of my case. Rob was able to help me plead to a lesser charge of reckless driving, with no jail time, and 6 months of probation. I thoroughly believe that if Rob had not brought this to the attention of the officer during our viewing of the tape, we might have had to go through an even more protracted period of having to wait, and then go through a stressful trial. My case, otherwise, was one that most people, with untrained eyes, would view as "borderline." I did not deserve to be penalized to the degree that the county of Williamson was set on, and Rob McKinney made sure that it did not happen. I highly, unreservedly, recommend Rob McKinney to assist you in your DUI case. He is fierce and fearless when it comes to supporting his clients. July 23, 2008