You may be thinking that pleading guilty will win you favor with a judge, or that admitting what happened is always the right thing to do. A guilty plea is a conviction, and no one can promise how a judge will treat it. A Greenville criminal defense lawyer can explain your plea options and how they may affect your case. This is general information, not legal advice. A licensed South Carolina attorney at our firm must review the facts of a case before anyone relies on it.
How Do Plea Deals Work?
You have probably seen examples on television of someone getting charges reduced after pleading guilty. That is an example of a plea deal, also called a plea bargain or plea negotiation. In a plea bargain, a defendant exchanges a guilty plea for the opportunity to plead to a lesser offense, to receive a lower sentence, or to have other charges dismissed (South Carolina Judicial Branch FAQ on criminal court). The solicitor decides whether to negotiate, and no lawyer can promise that an offer will be made. Our article on what to expect from a plea bargain explains the process in more detail.
A plea agreement can resolve a case without a trial, but the judge still sets the sentence within the minimums and maximums that state law sets, and some offenses carry mandatory minimums (Judicial Branch FAQ).
When is Pleading Guilty the Right Choice?
Whether to plead guilty is a decision for you to make with your lawyer. In a General Sessions case, the Judicial Branch says the defendant tells the judge at the second court date whether to plead guilty or request a jury trial, and the judge then schedules the case on either a plea docket or a trial docket (Judicial Branch FAQ). The stage where you are told the charge and asked how you plead is often called an arraignment. Many defendants plead not guilty at first so that the defense has time to review the evidence and investigate the allegations. Whether a plea can be changed later depends on the court and the stage of the case, so ask your lawyer before you enter any plea.
A guilty plea is more than an admission of conduct, because it is itself a conviction. A defendant who pleads guilty waives the privilege against compulsory self-incrimination, the right to a jury trial, and the right to confront accusers, and the plea must be voluntary and intelligent to be valid (Boykin v. Alabama, 395 U.S. 238 (1969)). In a misdemeanor case, a defendant may also plead no contest with the consent of the court, and is then dealt with as if he or she had pleaded guilty (S.C. Code Ann. § 17-23-40).
Disadvantages of Taking a Plea Deal
While a plea bargain can resolve a case without a trial, that can also be a drawback, especially if you are innocent. You have a right to a jury trial, and the State must prove guilt beyond a reasonable doubt (In re Winship, 397 U.S. 358 (1970)). Entering a plea gives up your opportunity to argue your case and let a jury decide. A guilty plea can also have consequences beyond the sentence. The Judicial Branch’s guilty plea information form lists several, including increased penalties for later offenses, restrictions on possessing a firearm, effects on immigration status and scholarship eligibility, and possible revocation of probation or removal from a diversion program.
Some people may be considered for a diversion program such as Pretrial Intervention, which each circuit solicitor runs. Admission is the solicitor’s decision, and one of the standards is that the person has no significant history of prior delinquency or criminal activity (S.C. Code Ann. § 17-22-60). A written admission of guilt may not be required to enter or finish the program (S.C. Code Ann. § 17-22-90). Because Pretrial Intervention applies to a pending charge, ask a lawyer about it before you enter a guilty plea.
Learn More: What is Pretrial Intervention
Speak to an Attorney Before Accepting Any Plea Bargains
You should seek legal advice from a criminal defense attorney before accepting a plea bargain. An attorney can review the evidence to help you understand the strength of the prosecutor’s case, including how the evidence was collected, whether a search was lawful, and whether the evidence is enough to support the charge. A plea offer is part of a negotiation, and a lawyer can talk with the solicitor about the terms. No lawyer can promise a particular result. At Touma Law Group we can talk with you about your plea options. Contact us today to discuss your case.
