NC Plea Agreements: The Pros and Cons

What Are the Pros of Entering Into a Plea Agreement?

When deciding to accept a plea agreement, it is important that you fully understand what the prosecutor is offering you and the consequences of accepting the plea. Many defendants enter into these agreements because of the benefits. Some reasons why a plea agreement may be a good choice in your case include:

• Lighter sentence or offense. If you agree to a plea bargain, the prosecutor may agree to reduce the charges—for example, reducing a felony to a misdemeanor—or your sentence, which may be reduced to probation, depending on the offense. This could benefit you not only in your current case, but also if you are charged with a crime in the future.
• Save money. While this should not be your sole reason for accepting a plea bargain, you will save money on attorney fees and other costs, such as expert witness fees, if you do not go to trial.
• Certainty of the outcome. It can be extremely stressful when charged with a crime since you do not know what the final result will be. Even if you are innocent, there is no guarantee that you would be found not guilty at trial. By accepting a plea agreement, you eliminate the uncertainties of the outcome and have a little more control over what happens to you.
• Release from jail. If you are in jail because you could not afford to pay the bond, you could be released within a few days of your agreement if you are placed on probation.

Cons of Entering Into a Plea Bargain

Like many decisions in life, there are also negative consequences to entering into a plea agreement. Some of these are:

• Innocence. If you are truly innocent of the crime you are being charged with, it can be hard to accept a plea agreement—even for a reduced sentence or charge.
• Loss of rights. When you enter into a plea bargain, you are giving up certain legal rights, such as your right to be presumed innocent unless proven guilty and your right to have your case decided by a jury.
• Criminal record. A plea agreement will require you to plead guilty to some criminal offense. This means that you will have a criminal record for the rest of your life.
• Criminal sentence. If you plead guilty, you will be sentenced for the crime that you plead guilty to. Even paying fines and probation can be a hardship for you and could result in more serious consequences if you do not follow through with what is required under your sentence.