Plea bargaining is an integral process in the Australian criminal justice system. It is the process whereby a defendant negotiates with the prosecution to plead guilty to a charge that is lesser or to one of several charges in exchange for a reduced sentence or dismissal of other charges. This would save time and resources for the parties participating, but crucial to that is knowing how it works and when it might be convenient to go for it. For those people who are into this complicated process, consulting with expert criminal lawyers will make all the difference in achieving a favourable outcome.
How Does Plea Bargaining Work?
Plea bargaining in Australia is less formal compared to that of other countries, particularly the United States, but is highly prevalent in its usage. In reality, plea bargaining usually starts with discussion between the defence and prosecution to establish a mutually agreed-upon resolution. At some point, the defence may accept pleading guilty to a lesser charge, or the prosecution may accept lowering some charges to a greater extent in regard to settling on a guilty plea on the others. These negotiations can occur at any stage of the legal proceedings, beginning with the pre-trial phase, then the trial proper.
However, any plea bargain must be accepted by the court. Courts are not bound by any agreement between the defence and the prosecution but will often consider them, especially in cases that promote the cause of justice and efficiency.
When to Bargain Plea Bargain
A plea bargain can turn out to be a strategic choice at various junctures, particularly when the evidence mounted against a defendant clearly goes against him/her. Here are some scenarios where it would indeed make sense to consider bargaining plea bargain:
Decreasing Cases of Incarceration
It is one of the threats of trial where the defendant faces conviction once on trial. In such a case, more punishment will result when compared to plea bargaining. However, through plea bargaining, the defendant gets lesser punishment by pleading guilty for the lesser offence. It can be very helpful whenever the crime is serious and the chances of any jail term are pretty long.
Escape from Uncertainty of Trial
It is always a possibility in a trial that the outcome will go unpredictable, hence uncontrollable. Accepting a plea bargain gives defendants an escape route from the stress and uncertainty attached to a case if one goes on to the trial, hence securing a more predictable outcome in the case, which will prove very useful for people who want to close their case speedily so that they can continue living their lives.
Saving Time and Legal Costs
Trials can take up a lot of time and high-priced lawyers’ fees. The plea bargain allows the case to settle quicker, cutting the legal costs and the emotional distress on the defendant and his family. In this regard, many defendants opt for plea bargaining, especially those who do not have a strong defence.
Damage Control for Reputation
For the most part, particularly for those who have no criminal record, damage control for reputation becomes the most important thing. A plea bargain would expose a defendant to lesser charges, which may carry fewer social and professional consequences as a result.
