When you are charged with a crime in Tulsa, you have a constitutional right to a trial by a jury of your peers. However, if you or your attorney believes there is strong chance you will be convicted in trial, it may be better for you to explore the possibility of negotiating a plea bargain, also referred to as a plea agreement.
A plea bargain is a legally binding agreement between the defendant and the state in which the defendant agrees to plead guilty and forego a trial in exchange for a desired incentive; typically, a reduction in the charges against him or a reduction of the penalty he will receive when convicted.
Why You Might Want a Plea Bargain
If you are actually guilty of a crime, or the likelihood exists that you will be convicted of the crime regardless of your innocence or guilt, a plea bargain will allow you to:
- Avoid a long and drawn-out trial process.
- Reduce the charges against you.
- Negotiate a lesser sentence.
- Negotiate a deferred, split, or suspended sentence.
- Negotiate the date upon which you will begin serving your sentence.
- Negotiate the facility in which you will serve your sentence.
Do You Have the Right to a Plea Bargain?
You have no constitutional or statutory right to a plea bargain, and the judge may choose to accept or reject a plea bargain at his or her discretion. Your attorney can only recommend that the plea bargain be accepted.
In any case, the judge is unlikely to select any plea bargain unless both the defense and prosecution have approved of it, the judge finds it acceptable and it meets all legal requirements.
What are the Legal Requirements for a Plea Bargain?
Most criminal cases in Tulsa are settled by some form of plea bargain, but no court will accept any plea bargain unless the following three requirements have been met:
- There is a knowing waiver of your rights, which means that you understand the charges against you and that you are waiving your constitutional right to a trial.
- The waiver is voluntary, which means that your choice to waive your rights is not coerced, induced or made under threat.
- There is a factual basis to support the charges brought against you, which means there must be sufficient evidence to warrant the charges against you.
Negotiating a Plea Bargain
Either the defense or the prosecution may initiate negotiations for a plea bargain. The negotiations, which can last for minutes or many months, normally happen privately between the defense lawyer and the prosecutor.
An agreement is typically reached at or before the initial arraignment, but it can take place at any stage of the criminal proceedings. However, if the judge does not accept the arrangement, your criminal defense attorney and the prosecutor will have to return to the negotiation table to work out an agreement that is acceptable to the court.
How a Plea Bargain Works
The plea bargain will require you to plead guilty to a lesser charge or to the charges as they stand in return for a lighter sentence. Furthermore, you will be required to waive certain constitutional rights, including:
- The right to plead not guilty.
- The right to a trial by jury.
- The right to a speedy trial.
- The right to be presumed innocent.
- The right to have counsel appointed to represent you.
Once the defense and the prosecution have agreed upon the deal, you will be brought before a judge where you will enter a guilty plea and you will be sentenced, either on the spot or at a later date.
Initial Strategy Session: Tulsa Criminal Defense Attorney
The Tulsa attorneys at Seventh Street Law Firm are proud to offer our clients the very best in criminal defense representation at reasonable rates.
For a low-cost consultation in matters requiring criminal defense in Tulsa, call Seventh Street Law Firm today at 918-932-2777.
If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.
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