Plea Bargaining Pros and Cons - 3 Arguments For Plea Bargaining
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- Опубліковано 28 лип 2024
- We begin our series on plea bargaining pros and cons. This series explains arguments for and against plea bargaining. You can visit www.gustitislaw.com for more information about plea bargaining criminal cases in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
In this video plea bargaining is explained and three advantages to plea bargaining in court are presented.
Other Videos in this Series:
Plea bargaining pros and cons - 3 arguments against plea bargaining ( • Plea Bargaining Pros a... )
Plea bargaining pros and cons - 3 reasons to fight your case in court ( • 3 Reasons to Defend Yo... )
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This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this first video of a new series on plea bargaining, Stephen Gustitis answers the question about three arguments for deciding to plea bargain your criminal case. Further, the plea bargaining process is explained and the plea bargaining debate is approached from the accused person's perspective. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County, Texas. His videos cover a wide range of the best defense tactics and defense strategies. #pleabargainingdebate #gustitislaw #pleabargaining
Excellent video very informative
Thank you for watching! I'm glad the video was interesting to you.
thank you for this wonderful video! Im currently having to write a paper on plea bargaining and this has been very helpful!
Awesome! I'm glad to be of help to you.
This was so very good information. Thanks for sharing!
Of course. Thanks for your kind words.
Thank you for the information, saved me for my criminal justice paper this week
Good luck with your grade on the paper. Make sure you obtain information from a variety of sources before submitting the paper. Also, make sure you properly cite to those sources to avoid plagiarism allegations.
New subscriber today
Thank you so much for the info.
I had an experience with the law 10 years ago and really wish I would have found you..
Have a blessed day
Rachel 💜😇
Of course. Thanks for watching.
I would say. The explanation was pretty clear
Thanks for watching, Oscar! I hope this content provided a new insight into the plea bargaining process for you.
It gives the state a victory.
I was driving pass a security camera on my Silverado my logo states carpentry, 6 minutes later the camera was damaged.
I am the key suspect as no other was seen on camera.
To accept the offer is disatourus 8554 in fines, plus court cost 2 years in prison, restitution plus fees for the state and my attorney.
I say not guilty prove otherwise.
Great video. I think there's one other benefit that I haven't noticed any of the other commentators mention - in a lot of jurisdictions, including Federal and numerous states, a case that is brought to trial and results in a guilty verdict generally results in a harsher sentence than a guilty plea (assume no plea bargain for the guilty plea). Sort of a "penalty for pleading not guilty", if you will.
Maybe yes, but not necessarily. One reason we have a trial is because we think we can get a better punishment result than the one the prosecutor is offering.
Another benefit: you can prevent being convicted of a more serious crime of which you might be guilty
That is an excellent point. Thanks for your input!
@@GustitisLaw May you please elaborate on that comment giving an example? I'd love to understand that since I come from a different legal system.
@@CLARAAFADEL Sure. I think the viewer was pointing out a plea bargain could be helpful by eliminating the possibility of being convicted of a greater crime and receiving a greater punishment. For example, let’s say the prosecutor had enough evidence to convict you of aggravated robbery. (Basically, robbing someone at gun point) If you contested the case and insisted on a trial, you could be convicted and sentenced to prison time. On the other hand, remember prosecutors was to move cases. So they offer to recommend a certain punishment in exchange for your guilty plea to a less serious charge of robbery. In that situation you avoid being convicted of a greater crime. Second, you know what the outcome will be since you and the prosecutor have agreed to the outcome. If you went to trial on the aggravated robbery charge, you have no idea what the outcome would be. Does that help?
@@GustitisLawhello, thank you for the information in your video. I have a question. Have you ever known a public defender or any defense attorney to not secure a plea deal prior to their client (one of the defendants in the case and a witness for the prosecution) testifying for the prosecution? They are set for a bench trial and have no guarantee they will even be given a plea instead its said by the PD they will negotiate and do it after testifying. They don't want the other lawyers asking if he accepted a plea deal in exchange for his testimony during trial.
I've seen celebrity cases let it be know that parties to the case have taken plea deals.
This leads me to believe there's not enough evidence to convict the other party if they are worried about it being known he received a plea. Could that be the reason? If so I understand why they would wait till after he testifies. As a defense attorney I would want to protect my client giving the security versus just saying we will give a plea after testifying.
I appreciate any thoughts you can give.
I am in a current process where I am plea-bargaining at this moment of time I am trying to gather information My lawyer just sent a deviation request in do you have any videos on that process
How do you find an enployement attorney in Texas? Why are attorneys afraid to fight? What is the best way to find a tough and fighter employement attorney?
Attorneys generally want good facts before they agree to fight an employment case since the ex-employee is the one bringing the law suit and they have the burden of proof. Maybe that explains why lawyers are not willing to take your case.
What plea bargain would u consider on a arson causing death charge
Impossible for me to say. I know nothing about the facts, the defendant’s background, the prosecutor, the judge, or the potential juries in the jurisdiction where the case is pending.
If the offer doesn't provide a known outcome or the da won't negotiate with your lawyer at all, but your lawyer who comes very highly reccomended, says he doesn't see a good option here, he doesn't see an advantage to a trial but doesn't like the deal either, what do you do?
Keep negotiating. Be willing to compromise. If you cannot reach an agreement, then evaluate the benefits and risks of trial. If the benefits out weigh the risks, then a trial may be your best course.
One key thing is that plea bargaining can often come with a lower charge (i.e. pleading to a misdemeanor rather than potentially being convicted of a felony etc.)
That is an excellent point. Thanks for contributing to the discussion.
Would rather not plead guilty to something that stays on my record especially if innocent. Weird as to how many innocent people take plea bargains
@@henrylopezjr20 I feel like plea bargains exploit the human need for closure. After weeks or months of having an open case, some people just want to know what the consequences will be and are willing to do anything for it.
@@henrylopezjr20ea I agree in a sense on not pleaing if your innocent but then on the other hand you just don't know what a jury may or may not believe. You could be unfortunate enough to get people on the jury who still believe in Santa or that Elvis isn't really dead. Pleaing to a misdemeanor to escape a felony conviction has advantages cuz you avoid losing certain rights that a felony conviction forfeits or atleaste it forfeits those rights in the in the government's eyes anyway
Hi, I believe that a good reason to take a plea, is when it benefits both the state and Defendant. For example, maybe the police reports had numerous errors, police didn't have real probable cause, but the defendant maybe guilty constructively or doesn't think chamces to win are high, do negotiating and taking a good would benefit both sides? This scenario is real, any thoughts?
(my answer from a previous question) Without an independent and thorough investigation of this case, it's impossible for me to answer this question. However, what you describe sounds like there may be fodder for the cannon of impeachment of the witnesses. That's really all I can say with any confidence.
I am in a current process where I am plea-bargaining at this moment of time I am trying to gather information I can
He just sent a deviation request do you have any videos on that process?
If you are speaking of pre-trial diversion, no I have not published a video on that topic. However, pre-trial diversion has many advantages to the accused. The biggest disadvantage is that prosecutors usually require the person to sign a confession that can be used in court if the pre-trial diversion is not completed successfully. Please discuss these issues with your lawyer. Thank you for your question.
I was involved in a hit and run. I am a woman, and I left the scene because I was scared, and it was in a bad area at night. I do not have a criminal record, and I have a great job with the same company for 35 years. Do you think a misdemeanor compromise would be fit? Thank you for your time.
I cannot tell since I do not have access to the law and evidence applicable to the case. Your defense attorney will have access to this material and can give you advice about resolving the case.
Is it a good idea to plea to more serious charges that I did not commit for a lighter sentence with no jail time rather than take the chance and go to court, roll the dice and end up doing time? My lawyer seems to think that no jail time is a pretty good deal.
Why plead to a crime you did not commit? That does not sound like a good idea to me. Is the prosecutor just making this up? Your decision must be made with the help of your attorney. They know the facts, I don't. Also, only you can determine how much risk you are willing to take to defend yourself. I wish you the best of luck.
What is a no contest plea and how does that differ from a guilty plea
A no contest plea has the same affect as a guilty plea. With no contest, you are not contesting the charges. With a guilty plea, you are admitting the charges. Outcome is still the same.
I made a mistake by plea bargaining cause my lawyer really sucks and got 5 years probation and 3 yrs suspended sentence now 24 years later I wish I could go back and start the case over again.
Why do you think you made a mistake? Why do you think the result was your lawyer's fault? I'm sorry that 24 years later you are still experiencing the effects of a plea bargain. I appreciate your comment, though. Thank you for visiting.
i have a qustion what can they do for fourth-degree criminal mischief and second-degree criminal tampering can my layer make some kind of deal with them that has to deal with no jail time or no probation
I have no idea. Without knowing all the facts and circumstances surrounding your case, it's impossible for me to speculate.
I'm in a situation where I am looking at a plea bargain, however, I know that I am not guilty of one of the indictments but have no way of proving it didn't happen but because of the first indictment it is being added to my case because it is similar. I don't want to have to say that I am guilty of something that I know 100% that I didn't do. Is there any recourse? Can each indictment be taken separately despite the similarities in crime? Thank you and I appreciate your videos.
Only a defense attorney with a thorough knowledge of both the law and facts related to your case can answer these questions. I'd be asking my attorney these questions until I was confident I understood what the answers were. Good luck and you are welcome.
Can I defe nd 1st time dui with bac 0.22
Possibly. Your defense lawyer will need to review all the evidence and documentation in the case to give you a precise opinion.
Can a person be arrested at a pretrial hearing if that person is out on bond?
Yes, if there is a valid warrant outstanding for their arrest.
My son and my husband got into an argument and my son said my husband pointed a gun in his face but he didn’t and they are trying to give him 10 do 3 he said no so we going to trial any advice.hubby has no record.
I have no advice. I have not reviewed the witness statements, the police reports, statements made by the accused, and other critical information. Only then could a lawyer provide a competent evaluation of the case.
how about if i was delivered an item which is not illegal but the seller don't have authorization to sell from FOOD AND DRUGS ADMINISTRATION ... i delivered the item to the buyer then i dont know that the buyer is a police ... they caught me but i said i dont know what item i brought
See my response to your same question on a related video.
Can you go back and request a plea deal if you rejected it on record?
If the prosecutor is willing to offer it, then yes. But they may change the offer. Please talk with your defense attorney about this. Thanks for your question.
@@GustitisLaw thanks so much
i could have used your advice for the plea bargaining. we live in ohio and in a small pc of crap town called kenton. where do i start.. this story has totally made me lose any trust i ever had in the law and judicial system. so my girlfriend before i came around. actually a yr had got indicted on a felony 3 money laundering and a felony 5 for theft...ok so the walmart security troll lady had made witness statements that she had gotten in and outta walmart taking things to the self scan and pay for 80% or even 90 at times then use a flyer or something and scan maybe 20 or 30 dollars worth with lower.while spending actually 50 to a hundred at a time..so over the coarse of 6 months the security lady said security was always tied up when she would commit these so called thefts..then finally...low and behold she nabs her on the last couple rounds when it conviently turned in to felony 5 range. so being said she went against my advice on the court appointed attorney and got railed hard by a incompetant lawyer. who is the worst ive ever seen or thought 1 could stoop as low as she did..the lawyer..the 1st plea they put out was plea to an f3 laundering and a f3 theft and 5 yrs community control of calling in every morning to see if your numbers up for urine test. pay restitution of 1432 dollars with sales tax and 75 hrs community service and 4000 in court cost and fines... so she countered minus the f3 and they brought back plea to the f3 and the other stuff there. so being nieve and listening to that scum lawyer and the threats of prosiction threats of 3 yrs max taking it to the box she signed it...have you ever heard a plea up?...i never had and didnt know she was signing it...so here we ar now with a p.o. violation while on appeal for a hidden agenda from judge to do cbcf for 4 months after serving 4 months jail already for the punishment which wasnt on the plea. and now there is the violation that just happened cause i brought up the camera in the womans shower roon that is avail for many to see and they saw her a couple times bc she wasnt told about it till after a couple days..so here i sit in limbo with the appeal and her getn that and is still in jail since january 18th 2022.. i need some good legal advice from anyone who reads this..theres a bit more to the crazy story. that such corrupt shit that has gone on and evryone just acts like its ok..im not that guy im sorry..im in some serious stress right now and kinda advice and help from anyone on what to expect would great...sorry tio ramble but i needd to vent and take a shot in the dark here and i cant fing a lawyer to rep her on the violation..PLEASE HELP!!!!!
There is nothing I can do to help you. Only a qualified defense lawyer who will to take your case can help. Since I have no way to independently investigate the facts of your case, I cannot provide you any competent opinion about how to proceed. Unfortunately, giving legal advise on the Internet is simply impossible. I wish I could help you. But the only thing I can recommend is hire the best attorney you can.
Rule number one:
Keep your mouth shut.
Rule number two:
Refer back to rule number one.
Rule number three:
Hire a good attorney and speak to the attorney.
Excellent advice. Thanks for contributing!
@@GustitisLaw ,
Thank you for your excellent videos on our legal system, especially our criminal justice system.
I am literally going through something that makes no sense, I was gambling at a casino, put a $100 in the bill changing machine, and got five 20's 1 would not work in the gambling machine so I took it to the main cage to exchange it turns out it was fake. So they called the police but know one told me and I been to that casino atleast a hundred times since that incident that happend a year ago but turns out there was a felony warrant out for my arrest so I end up in jail bail out and now I scared to death the da offerd a plea to misdemeanor attempted theft of course I said no but the FLIPPEN STRESS THIS IS CAUSING I can't belive this is happening to me I am 100% innocent & got the $20 from the casino but seriously thinking about taking the plea as I have soooooo much to loose. Conceal carry, being able to have a business license, stripped of ordainship, I still can't wrap my mind around the fact that this is even happening here in Carson city Nevada I am absolutely dumbfounded and now wonder how many inocent people really are in prison or death row. I am also thinking about just going to the da and speaking with him just to let him know who I am in hopes he sees that there has been a huge mistake 😭 also can I sue the da for putting me through this if I go all the way to a jury trial and am found innocent
Please hire a qualified defense attorney to talk for you. If you talk for yourself you will make a mistake. Believe me. And I sorry I cannot comment on your fact situation. Since I cannot independently investigate the case, I cannot compentently comment. Thanks for your visit.
@Gustitis Law so just to catch you up ...the outgoing Carson city DA when leaving for a new job in reno is the 1 who issued the felony warrant that was a year ago the new da offerd a plea deal of Misdemeanor attempted theft, of course I said NO!! So the preliminary hearing was set for February 1st and 2 days ago the DA reached out to my lawyer asking for a dismissal without prejudice 🤔whatever that last part means? And of course we said ok so now I am just waiting for paperwork for the dismissal. But I feel totally victimized the stress, money , my record being tainted, can I sue the DA for this or is this normal to be able to turn a humans life upside down and just walk away like no big deal have a nice life , see ya, and not even as much as a phone call to say sorry 😭
My lawyer told me if we Plea bargain we do not know the sentence length or resolution . I wish I could know before I Olea bargain
That does not make sense. The whole purpose of plea bargaining is to know what the end result will be.
It depends on the state. I know in North Dakota the prosecutor can only offer to lower charges as a result of a plea barging. The sentence is always up to the judge. However, part of the plea bargin could be that the prosecutor will not make a statement of aggravating circumstances at your sentencing hearing.
Hi. Do you have any examples of successful plea bargains that you have helped to negotiate?
Many thousands. What kind of case are you interested in knowing about?
Thanks for your reply. Criminal cases.
@@GustitisLaw what if you dont expext plea and set to go to trial on a dui 1st. There's no pbt test is it likely that they could dismiss charges at a status conference before trial or would they have offer a better plea agreement.
@@jtemple26 First, are you represented by a defense attorney? If not, you should be. Next, what risk to you face trying this case?What are juries typically giving persons convicted of DUI in your jurisdiction? The answer to that question helps you to assess the risks of trial. PBT tests are generally not admissible in court since the scientific reliability behind them has not been established in many states. What other evidence do they have against you? Roadside sobriety tests? Admissions to the police? Blood Test results? Bad driving? The answer to these questions will help you determine the potential of a dismissal. Thanks for visiting.
Would you recommend hiring a attorney for a Parole Board Meeting? We have never had any one involved with crime before, but I read that it's best to have a attorney represent you during the parole meeting. Is that something a appointed attorney can do for you?
First, I'd recommend a parole attorney to help. They know the system and they know what things can help. In Texas, parole attorneys would never be appointed since the person does not have a right to an attorney at that point. In other states, I don't know.
Question if the police came. To me and i sign a search warrant waivers for them to have my phone. Now ita been 90 days and still no charges. And i have asked my lawyer can i have my phone back he says that it would speed up the process for me. Like if they wanted to they will get a warrant by the snap of a finger? Should i tell my lawyer to get my phone back or leave it alone?
Why does your lawyer think they can get your phone back? If the cops are not finished with it yet, I doubt they would release the phone, anyway.
@@GustitisLaw i long does it take to search a phone?
Hello Mr Gustitis. As I wrote in an earlier comment and you just said the criminal justice system is too complex for the average person. As a veritable libertarian I believe the entire legal system is too complicated and vast. I suspect the founding colonists would be irate for what the common man has allowed.
That’s why lawyers go to a school for lawyers. And that’s why there are bar examinations. Years ago a lawyer could learn their craft as a apprentice. But those days are long gone.
@@GustitisLaw Yes, that's part of the problem. I asked a candidate for the circuit court here to explain two Constitutional clauses and she left me unenlightened. She still got elected.
As a Chaplain in a jail I am not allowed to give any legal advice understandably so. However, as a Chaplain it is my responsibility to introduce an inmate with the idea of ultimate truth. Inmates can voice details about their case to me, however I am not allowed to voice my opinion about their case to them
What I have observed are two things:
1. Plea bargaining allows criminals guilty of hard crimes to get less than they deserve. Meaning justice is somewhat broken.
2. I have seen inmates plea bargain as a result of fear of this could happen or that could happen and ultimately admit to something they did not do at all in order to get a lesser sentence. Happens a lot with overworked court appointed attorneys.
Seems to me plea bargaining is a chip or measure that circumvents the absolute truth of the case. It should not be so.
Thanks for the video, it was interesting and informative.
You are welcome. But there is one very important concept to absorb and understand. The criminal justice system is not designed to discern the truth. It is simply designed to resolve disputes between the government and the people. Of course, there are rules and law required to make sure the system works according to its design. The truth is pretty far down the list of priorities. Plea bargaining resolves the disputes.
I think you Law Firm save money not and I appreciate your help on the internet for the tips on the law firm on the law mythical status
You’re welcome!
Abogado chingon
Badass lawyer? That is a very nice compliment. Thank you.
How come police never give you the whole statement when u ask for it
What do you mean by "the whole statement?"
Why would one entertain a plea bargain when he or she did not do the crime. That is like saying I did the crime but I get a lesser penalty. Does make any sense to me
That is an excellent question. In theory, no one should consider a plea bargain if they are innocent. However, even innocent persons can get convicted under the right set of circumstances. That's why the help of an experienced criminal defense attorney is so important. They can help you access both the risks and benefits of plea bargaining a case. And also remember this, the accused person has ultimate decision making power over whether to accept or reject a plea bargain offer. The attorney is not the decision maker in this circumstance. Thanks for watching and for your comment!
Because innocent people can still be convicted of a crime. If you are charged with a felony, and despite being innocent, wrong place wrong time means the evidence against you is bullet proof, a plea deal for a misdemeanor that might be expungable after a few years could be preferable to risking a life altering felony conviction.
Where's the cons?
Waiving your right to defend yourself and the potential risks of conviction and punishment are the biggest cons.
Evidence may appear after you've agreed to a plea bargain, and the evidence may be in your favour.
That's why the accused should perform a complete and detailed investigation into the facts and circumstances of the case before deciding whether to plea bargain. Thanks for contributing to our conversation.
What if you're truly innocent? Why plea bargain?
Impossible to say without a thorough investigation of the law and evidence applicable to the case.
@@GustitisLaw What if there is no evidence? Only what the victim stated occurred yet the victim doesn't show up in court or doesn't want go forward with the case anymore? The prosecutor does what in that situation?
Does your Law Firm recognize the ticket Cherokee Nation sovereignty and I like your love work I'm not a sovereign citizen I'm just saying Eyecare connection sovereignty United States and I was wondering if you recognize it in your Law Firm
I don’t know anything about the Cherokee Nation.
if my lawyer ask me for a ple deal i ask wood you serve half my time
Is this a question or a statement? If you don't want the plea deal, then reject it and have the case set for trial. Let the jury decide what to do. Thanks for your question.
@@GustitisLaw i have 7 times comes again and again with the same thing when i say no .so if my say is not and remember a ple deal is a permant
@@patrickmorrison6253 If you don't want a plea deal, you are not required to accept it.
@@GustitisLaw thats why i been telling law this all time and goes and chat to the d.a after we talk
Only a fool takes a Plea deal if your innocent!! Always go to Jury trial, make the Prosecutor prove beyond a reasonable doubt of any wrong doing, 9 times out of 10 if your innocent they can't prove anything and you clear your good name!!!
Thanks for contributing to the discussion here.
I am taking my case to jury trial.
@@j.williams5876 keep fighting the good fight! Prosecutors hate going to trial time and money out of there pocket too! If your innocent fight for yourself never give up your rights to trial only to take a bogus plea deal.....
@@ironjohn5914 Yeah, we are going to the 2nd pretrial because the prosecutor wants to offer another plea deal.
About my situation: About 6 months ago I was sitting in my parked car adjacent to the park, & two cops brazenly opened my car doors & told me to get out. I kept asking them why? After a few seconds they tried pulling me out. I tried to stay in my seat for about a minute, but then relented after they threatened to taser me. They handcuff me on the street, & search through my car. Of course, they find nothing incriminating. I asked why they did this to me. They said they are looking for a black male wearing dark clothing who was running. There was a burglary more than 1/2 mile away, so to LA County's finest I had to be the culprit. They charge me with PC 69. First charge ever.
One reason why I want a jury is because according to CalCrim (instructions for jurors in California), the state must prove that when I acted, I knew the cop was performing his duty. But I honestly didn't know. I thought they were literally trying to kill me as I never did anything wrong - they didn't tell me the situation. I think most people in my shoes would have been scared for their life.
The video is on my channel.
I'm curious, if you were a juror would you find me guilty or not guilty.
@@j.williams5876Not Guilty and remember it only takes 1 to be on your side and you win!
Unfunny my