Remove uncertainty. One of the benefits of entering into a plea agreement is removing the uncertainty of the outcome of the case, which may result in you being found guilty of a more serious offense at trial.
Lesser sentence and charges. A plea agreement may either result in a reduction in the charges against you, or a less severe sentence. This could affect more than just the penalties that could be imposed. For example, if you hold a professional license, you may risk its revocation if you are convicted of a felony. However, if you plead guilty to a misdemeanor offense, you may reduce the risk the losing your license and your job.
Cost and time. Taking your case to trial can be time consuming, expensive, and very stressful. You must pay your attorney to thoroughly investigate the crime, prepare for trial, and conduct your trial. In addition, you may need to pay expert witness fees for the experts you might need to help prove your innocence. You avoid these costs when you enter into a plea agreement. More importantly, you avoid the stress and anxiety of trial.
There are also disadvantages to entering into a plea agreement. You should consider the disadvantages as well as the benefits when making your decision. Some of these include:
Innocence. Unfortunately, being completely innocent of committing the offense you are being charged with does not guarantee a not guilty verdict at trial. When you are innocent and feel you must plead guilty to a lesser offense, it can feel unjust and immoral that you are being forced to do this for practical reasons.
Coercion. You could face strong pressure from the prosecutor, the judge, and possibly your attorney to accept a plea agreement. You may feel unreasonable pressure to enter into the plea agreement that you are not certain is in your best interests. If this is how you feel, you should take a step back, reevaluate your options, and consult with an experienced attorney who will properly advise you on your options and the best path forward for you.
Lack of investigation. Because police officers, prosecutors, and defense attorneys know most cases are settled through a plea agreement, there may not be sufficient investigation of the crime by the police or even your own attorney. This could result in an important defense that may result in dismissal of the charges against you being overlooked. You need to retain an experienced attorney who understands the importance of conducting a thorough investigation and fighting the charges when doing so is in your best interest.
Loss of constitutional rights.
When you enter into a plea agreement, you give up important constitutional rights, such as the right to have a jury decide your case, the right to plead not guilty and persist in that plea, the right to confront and cross-examine witnesses against you, and the right to testify in your own defense or to remain silent.
Sentence. By entering into a plea agreement, you would be pleading guilty or no contest to some offense that will result in the imposition of a sentence of some sort, even if it is probation or the payment of fines.
