Why shouldn't you take a plea bargain?
Asked by: Jeramie Wuckert | Last update: January 9, 2026Score: 4.1/5 (10 votes)
Plea bargaining can lead to harsh sentencing for innocent or strongly defended defendants due to inaccurate case strength assessments, pressure to resolve cases quickly, lack of transparency, and long-term implications of criminal convictions.
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
What are the negatives of plea bargaining?
Despite its benefits, plea bargaining is not without its critics. One of the most significant concerns is the potential for coercion. Defendants, especially those without adequate legal representation, may feel pressured to accept a plea deal for fear of facing harsher penalties if they go to trial.
Why should you never plead guilty?
By maintaining a not guilty plea, you ensure that your right to a fair trial is preserved, and the burden of proof remains squarely on the prosecution. Additionally, pleading not guilty allows your defense attorney the necessary time and opportunity to build a robust defense.
Why do judges reject plea bargains?
It's rare for a judge to reject a plea deal. There are many reasons why a judge may do it: they may feel the plea is too lenient or too harsh, not in the best interests of society, is against the alleged victim's wishes, the State lacks sufficient evidence to charge and the defendant may be ``innocent,'' etc.
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Do innocent people take plea bargains?
While plea bargaining is generally accepted as necessary to a well-functioning justice system, an inevitable and hidden cost is that it can lead individuals who are innocent to plead guilty to crimes they did not commit.
What happens if you don't accept a plea deal?
This means that the defendant must plead guilty to the crime as agreed upon in the plea bargain and accept the sentence that has been negotiated. If the defendant does not follow through with the terms of the plea bargain, the judge may choose to revoke the plea bargain and the case may proceed to trial.
Is it worth pleading not guilty?
We strongly advise that you plead "NOT guilty" because you may leave the courtroom in handcuffs. It happens all the time. Remember, most of our clients never go to jail. Some people worry that if they plead “not guilty,” when they feel they are really guilty, that it could hurt them later.
Should I pleading guilty even if I'm innocent?
It will be your decision whether to plead guilty or go to trial. Even if you know you have been falsely accused of committing a crime, you will need to consider whether it is in your best interests to enter a guilty plea.
Is it better to plead guilty or go to trial?
One reason so many cases get resolved by plea bargain is that a deal provides (more) certainty for the defendant. If the prosecutor and defense make a deal and the judge agrees to it, the defendant will have a good idea of the outcome. With a trial, there's a much bigger risk of a tougher sentence.
Who benefits the most from a plea bargain?
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
Does a plea bargain mean guilty?
Overview. Many successful criminal prosecutions in the United States end not with jury trials , but with plea bargains. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors .
Is signing a plea deal snitching?
Not every plea agreement involves the defendant being an informant.
What are the disadvantages of plea bargaining?
Disadvantages of Plea Bargaining. Entering into a plea bargain can have serious collateral consequences that should be carefully considered before agreeing. One of the most significant downsides to pleading guilty is the loss of your right to plead innocent or go to trial.
Can you refuse to enter a plea?
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty. Fed. R.
Why do most defendants ask to plea bargain?
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.
Do you go to jail right away if you plead guilty?
In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.
Why do murderers plead not guilty?
Depending on your charges, a not guilty plea may enable your lawyer to begin negotiating down the charges. If you're going to be held in jail, your lawyer can do his best to see that any potential bond is set at the lowest possible level. This may enable you to avoid staying in jail, while the process moves forward.
Why do innocent people accept plea deals?
Prosecutors frequently have tremendous negotiating power and may scare a defendant with a heavier penalty if they decide to go to trial and are found guilty. Even if a person is innocent, they can believe it is not worth it to risk getting a harsher penalty after a trial.
Is going to trial a bad thing?
One benefit of going to trial is the possibility of achieving a better outcome than what is offered in a plea deal, perhaps even a not-guilty verdict. However, when the evidence against you is substantial or the potential penalties are severe, accepting a plea deal can result in reduced charges or a lighter sentence.
What happens if I plead not guilty and lose?
You will have an additional court appearance for trial. If you lose, you may receive a higher fine than that offered by the Town for a guilty plea.
Does pleading guilty reduce your sentence?
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
Do judges usually accept plea deals?
They can accept the plea agreement as it is, or they can reject it outright. If a judge rejects a plea agreement, they usually must state a justification on the record.
Should you ever take the first plea deal?
Although it can be tempting to accept the first plea offer that comes along, it is important to discuss all aspects of it with your criminal defense attorney. Probation, house arrest, restitution, and other potential conditions of a plea agreement can have both advantages and disadvantages.
Do you get a harsher sentence if you go to trial?
Potentially Harsher Sentences: If you lose at trial, you could face a much harsher sentence than you would have received if you had accepted a plea deal. You give up the opportunity for a settlement or a more lenient penalty by going to trial.