A plea deal is a negotiated arrangement between the prosecutor and the defense to resolve a criminal case. A defendant agrees to plead guilty to a lesser offense or for a reduced sentence, and the state avoids the time and expense of a trial.
Most cases are settled through plea deals, but not all. Whether a defendant can seek one depends on the specifics of the case. Here’s more on this.
The factors that matter
Missouri prosecutors have broad discretion when deciding whether to extend a plea offer to criminal defendants, and multiple factors can shape that decision. Some of the things prosecutors consider include the nature and severity of the charges, the defendant’s criminal history, the strength of the evidence and even the victim’s input for certain crimes.
You don’t have to accept a deal
If you are offered a plea deal, you aren’t required to accept it. You have the right to plead not guilty and take your case to trial. Sometimes, fighting the charges may be the smartest move. A plea deal may not be in your interest – especially if you’re innocent — so you shouldn’t rush to accept a deal just because it’s on the table.
Take informed action
Whether a plea deal is available in your case, whether it is fair and whether you should reject it altogether are not decisions to make without understanding the full consequences. For instance, there may be weaknesses in the prosecution’s case, and you might have more leverage than you think during plea negotiations.
While no result is ever certain in a criminal case, skilled legal representation can improve your position. It makes it easier to evaluate your options, protect your rights and pursue the outcome that is best for your future.