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"Plea Bargain" Vs "Guilty"

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  • 01-10-2008, 03:36 AM
    Vaneer
    "Plea Bargain" Vs "Guilty"
    What is the difference between pleading guilty and a plea bargain?

    MAIN QUESTION:

    Why would anyone plead guilty when there is an option to lessen the charge through a plea bargain? :confused:

    Thank you
  • 01-10-2008, 04:05 AM
    Baystategirl
    Re: "Plea Bargain" Vs "Guilty"
    Quote:

    Quoting Vaneer
    View Post
    What is the difference between pleading guilty and a plea bargain?

    MAIN QUESTION:

    Why would anyone plead guilty when there is an option to lessen the charge through a plea bargain? :confused:

    Thank you

    There isn't always an option to plea bargain. The Prosecutor won't always "deal".

    BUT!

    If they choose to offer you a deal, you must plea guilty to the agreed upon charges. So pleading guilty and plea bargaining go hand in hand.
  • 01-10-2008, 06:16 AM
    aaron
    Re: "Plea Bargain" Vs "Guilty"
    A plea bargain can sometimes involve something less than a guilty plea. See, e.g., Rush Limbaugh's plea bargain on his drug charges. A plea bargain might involve deferment ,in that case, without even the entry of a guilty plea but more commonly of the conviction and sentence.

    Baystategirl is correct that plea bargains are not always offered. You are correct that if you plan to plead guilty, you should try for a plea bargain before entering your plea.
  • 01-10-2008, 01:35 PM
    Vaneer
    Re: "Plea Bargain" Vs "Guilty"
    Thanks for the replies

    I now understand the difference. :)

    Why would the prosecutor offer to lessen my sentence if I committed a crime against that person?
  • 01-10-2008, 04:21 PM
    jk
    Re: "Plea Bargain" Vs "Guilty"
    Quote:

    Quoting Vaneer
    View Post

    Why would the prosecutor offer to lessen my sentence if I committed a crime against that person?

    trials take time and money and there is always the chance of the prosecution losing. This makes it easier and faster for them and mcuh much less chance of the result being overturned.
  • 01-10-2008, 04:40 PM
    Vaneer
    Re: "Plea Bargain" Vs "Guilty"
    ah, that makes a lot of sense. Thank you :)
  • 01-10-2008, 05:48 PM
    kandi6
    Re: "Plea Bargain" Vs "Guilty"
    The other option is to try the original charges. If the DA doesn't have enough evidence he may not win and you're acquitted or "not guilty." If you take a plea bargain on a lesser charge, you will be "guilty" of that charge, whether or not you did that particular charge. Sometimes they're closely related - an included lesser offense, sometimes it's entirely different, but "lesser" in the sense that the sentence and fines are less burdensome. If you can't stomach a guilty plea on something you didn't do, then maybe you should opt for challenging the DA. Those jerks need "wins" to bolster their resumes and get promoted OUT of the criminal division, so any "guilty" is a win in their book. And it makes it easy for lazy attorneys too. Review the pros and cons of your case and see if there is truly enough to gamble with or if you want an easy out yourself. There's so much politics in criminal law, it's criminal. Biased judges, ego-driven government attorneys, defense attorneys who don't like to spend money (cost/profit ratio); BS fees, fines, classes - enough to ruin your life.
  • 01-10-2008, 08:38 PM
    Vaneer
    Re: "Plea Bargain" Vs "Guilty"
    Thanks for the thorough reply Kandi6
    Quote:

    Biased judges, ego-driven government attorneys, defense attorneys who don't like to spend money (cost/profit ratio); BS fees, fines, classes - enough to ruin your life.
    Crazy...
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