What to Know About Plea Deals in Georgia
In the Georgia criminal justice process, most cases are resolved through a plea deal between the prosecutor and defendant, with the approval of the judge. A plea deal — or plea agreement or plea bargain —can benefit the defendant, prosecutor, and justice system, when it is properly negotiated and finalized. While a defendant is not required to have a criminal defense lawyer to negotiate a plea deal, chances are that a lawyer can negotiate a better deal, because of their professional and local knowledge of the criminal system.
Plea Deal Basics
The prosecutor has authority in most (but not all) criminal cases to negotiate a plea deal with a defendant. The deal typically reduces the charges or penalties (and may avoid prison or jail time). The best approach to a criminal case is to start with the assumption that a case will result in a trial before a jury. After a review of the discovery and evidence, the proper action may be to seek a plea offer from the State. A lawyer that is prepared for trial and is willing to go to trial is in a better position to negotiate the best plea with the prosecuting attorney.
In exchange for the deal, the defendant agrees to plead guilty (or occasionally, no contest) and give up the right to a trial by a jury or judge and the right to confront witnesses. But the terms of the deal are usually more favorable than the maximum penalties that the defendant may receive if convicted in a trial. The benefit for the prosecutor is disposing of cases more quickly and preserving criminal system resources. The plea deal also saves time for the judge, who must approve the deal but does not have to conduct a trial.
Pleading Out a Case
The plea deal process is relatively straightforward when the defendant is represented by a defense lawyer. After the best possible terms are reached, the lawyer explains the entire process to the defendant, including the rights that the defendant waives when the plea is entered. The rights that are waived with a guilty plea include the presumption of innocence, the right to a trial before a judge or jury, the right to offer evidence in your defense, and the right to confront those accusing you of wrong doing. The defense lawyer discusses the plea terms in detail with the defendant.
The decision to enter a plea of guilty can only be made by the defendant. While the defense attorney may give advice on what the attorney believes to be the best decision, a defendant should never let anyone, whether an attorney or other individual, force the defendant to take a plea offer. If the defendant decides to enter a plea and accepts the agreement, the defense lets the prosecutor know, and a court hearing is scheduled for the judge to review the plea deal.
Approval By the Court
At a plea hearing, the defendant appears before a judge. The judge has a right to approve a plea deal or reject a plea deal. For the judge to approve the deal, several legal conditions must be satisfied. First, the judge makes certain that the deal is voluntary and that the defendant fully understands the implications of entering the plea. The judge also makes sure that there is a factual basis for the plea, based on the evidence.
The court ensures that the defendant is aware of the details of the charges they face and the potential penalties, as well as the rights they waive by not going to a jury trial if the deal is accepted. The judge makes certain that a plea deal aligns with Georgia sentencing laws, falls within the legal sentencing limits, and serves the interests of justice.
The vast majority of pleas entered in court are based on a negotiation between the defense attorney and the prosecutor. However, on occasion, a plea of guilty may be entered without being negotiated. In this circumstance, the defendant is totally at the mercy of the judge. The decision to plea without a negotiation should be made only after discussing the facts and issues with an experienced defense attorney.
Contact Our Cartersville, Georgia Criminal Defense Lawyer
If you face any type of Georgia criminal charge, or you are under investigation, please contact us so we can fully protect your rights and defend against the case. We employ the highest standards in client confidentiality and understand the sensitive and private nature of criminal convictions. You can rest assured that we will handle your case with unparalleled confidentiality, professionalism, and integrity, including the plea deal aspects of your case.
Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Contact us today to schedule an appointment.