It is the last place you want to be — in legal trouble. If you have been accused of a crime, you must know how to defend yourself against these accusations. A good lawyer can tell you what steps to take next. And you might want to discuss a less severe penalty with the court. This is where asking for something less serious might be worth it.
- Reduced Charges
A charge reduction is one of the most important signs of a fair plea bargain. The offer might, for example, reduce a felony to a misdemeanor. This option has less severe penalties and can help you avoid a felony conviction. But it’s also essential to ensure the charges are genuinely at a correct level that reflects what you did and that you’re not pleading guilty to crimes you didn’t commit.
- Avoiding Mandatory Minimums
Some charges carry mandatory minimum sentencing laws that compel judges to impose severe punishment no matter the circumstances. 30% of criminal cases have required minimums. A fair plea deal will allow you to avoid these things by providing more discretion in sentencing by the court according to your case’s particular facts. That increases the likelihood that you’ll get a lighter sentence.
- Time Served Consideration
A fair plea offer should consider the time spent in jail waiting for trial. Thus, if the prosecution offers a one-year sentence and you’ve served six months in exchange for your guilty plea, you should only be required to serve an additional six months. This eliminates inordinate terms of incarceration or longer than necessary.
- Potential Sentence Reduction
Showing that you are pleading guilty usually gets you a discount on the sentencing guidelines. The discount depends on when you book:
First opportunity: 33% reduction
Later hearing: Reduced by one-fourth.
First day of trial: reduction by 1/10
In some cases, the commutation involves reducing the punishment to another type — a prison sentence, for instance, replaced by a community service order.
- Charge Bargaining Opportunities
Charge bargaining happens when prosecutors agree to dismiss charges in exchange for a guilty plea. A charge reduction, for example, reforming a felony charge to a misdemeanor charge. This can make a big difference in what punishment you receive and your potential employability in the future.
- Sentence Bargaining Benefits
In this case, the term sentence bargaining is used, and it implies an agreement on the possible sentence as opposed to the charge. You may plead guilty in exchange for reducing jail time or being placed on probation. This strategy can be more helpful if you’re worried that a guilty plea might carry long-term penalties but are willing to live with the guilty plea.
- Understanding Limitations
Not every case is reducible, however. In some cases, like those with mandatory minimum sentences, prosecutors can’t agree to a lighter sentence. But they may still be able to minimize charges. For instance, driving under the influence charge can be lowered to reckless driving, which may offer a better result.
Conclusion
Personal and legal problems are never simple to manage. Above all, it should be ensured that help is sought from a legal professional. An experienced criminal lawyer in Toronto will help you through this difficult time. They can guide you in understanding your options just like a family dentist enables you to care for your teeth.
Every case is unique; what is successful for one person may not be successful for another. Spend time to consider carefully and seek sound advice. The aim is to save your future and choose the best option.