Plea Bargains In Missouri: How To Decide If Pleading Out Is Right For You
In this article, you can discover…
- The definition of a plea bargain in Missouri.
- The advantages and disadvantages of accepting a plea bargain.
- How an attorney can help you navigate plea bargains.
What Is A Plea Bargain In The Context Of Missouri’s Criminal Justice System?
A plea bargain is an agreement between the prosecuting attorney’s office and your defense attorney regarding what they can resolve a case with. This normally involves a type of offer to settle the case involving probation, specific charges and penalties, or a fine.
Essentially, a plea bargain is a chance to settle the matter you are accused of before having to go to trial.
What Are The Advantages Of Accepting A Plea Bargain In Missouri?
Accepting a plea bargain in Missouri allows you to determine how you want to settle your case. A plea bargain may allow you to get far less jail time or lesser penalties than a judge and jury would hand down in court.
This helps you stay far more in control of the outcome and gives you a clearer sense of future penalties, as opposed to the uncertainty of waiting for the court to make that decision for you.
What Are The Potential Disadvantages Of Accepting A Plea Bargain?
One disadvantage of accepting a plea bargain is that it locks you in. Once you accept it, it’s very difficult to go back and change that deal. A plea bargain also forces you into a specific set of times that may not work for you.
For example, you may be placed on probation for a number of years. While this can help you avoid jail time, probation can significantly impact your personal freedom and constrain you to a certain location or schedule for quite some time.
And if you do not comply with the terms of conditions of probation, the impacts can be considerable, up to and including the very jail time you sought to avoid.
How Can My Attorney Help Me Negotiate A Better Plea Deal?
Your attorney should always be advocating for you. They should always be looking out for the best possible deal for you as their client. That’s the role a good defense attorney plays: to have your best interests, freedom, and rights at heart throughout the case.
A skilled attorney will negotiate deftly with the prosecution in light of facts, circumstances, and your unique position. If your attorney can not get the best possible deal for you as a client, that’s not truly a deal at all.
How Does Accepting A Plea Bargain Affect My Criminal Record In Missouri?
In Missouri, we have several types of sentencing. A conviction involving jail time, also known as an “execution of sentence,” goes on your record.
“Suspended imposition of sentence” allows your sentence to be suspended and not imposed if you complete probationary terms. This arrangement does not go on your record.
You may also face a situation where you and your attorney can work out a deal with prosecution, wherein if you complete a certain program, you will not be prosecuted and can avoid jail time.
Can I Expunge A Conviction Resulting From A Plea Bargain?
A plea bargain can not automatically help you expunge your convictions. However, three years after your case is over, so long as you are not on active probation, you may apply for an expungement of your record.
Certain serious offenses, however, are not eligible for expunging in Missouri. These include robbery, murder, rape, and other violent crimes.
Can You Describe A Case Where You Were Able To Negotiate A Favorable Plea Bargain For Your Client?
One of the best deals that I’ve gotten in my 38 years with the law involved a client who was charged with a sexual and a domestic offense in the state of Missouri and the state of Illinois.
I was able to negotiate a suspended imposition of sentence, meaning the charges were not placed on his record. This was a huge win, as he was otherwise looking at serious jail time. I was able to fight so successfully for him because I viewed this man as a person first, listened to his story, and understood that these charges were unfounded.
My willingness to listen to him allowed me to argue skillfully in his defense and helped a judge see his positive side, as well.
A truly quality lawyer will see you as a person first and advocate on your behalf. They’ll be able to put themselves in your shoes and negotiate with your future, family ties, and long-term quality of life in mind.
On A Personal Level, How Did It Feel To Contribute To A More Positive Outcome For Your Client?
It always feels good to do something good. I’ve been asked often; how can I represent people who I suspect are guilty? Because the Constitution gives every person and every client of mine the right to due process, fairness, and the right to be looked at as a person rather than a statistic or a stereotype.
This is a process that I deeply enjoy and find meaningful to participate in. I make sure that I represent everybody, including the victim in this matter. I try to never demean or tear down the alleged victim, but also I won’t put my client down simply because of the charges they’re facing.
At the end of the day, it feels good to see people as people, and it feels good to do your job as a lawyer.
For more information on Plea Bargains In Missouri, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today.