A plea bargain, also called a plea agreement, is an agreement between a defendant and the prosecutor that resolves a criminal case without a full trial. The Supreme Court has described the disposition of criminal charges by agreement between the prosecutor and the accused as an essential component of the administration of justice (Santobello v. New York, 404 U.S. 257 (1971)). In South Carolina, the Judicial Branch explains that 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).
Whether a plea bargain is offered, and on what terms, depends on the facts of the case, the charge, and the position of the solicitor, who is the prosecutor. Not every case ends in a plea bargain. Some cases go to trial.
If you are facing criminal charges, call Touma Law Group in Greenville. Our Greenville defense attorneys can explain the plea bargain process, which can be difficult to navigate on your own, and talk with you about your options. Call us at (864) 618-2323 to schedule a consultation and learn more.
Types of Plea Bargains
According to the Judicial Branch FAQ, plea bargains in South Carolina commonly take one or more of these forms.
A plea to a lesser offense. Sometimes a defendant has the opportunity to plead to a lower version of the offense than the one charged by the grand jury. These lower charges are called lesser included offenses, and a lesser included offense may be a felony or a misdemeanor depending on the case. If you are uncertain about the charge you are pleading to, make sure your lawyer explains it to you.
A lower sentence. Judges set sentences within the minimums and maximums established by state law, based on the circumstances of the offense, the defendant’s criminal history, and other factors. Some offenses carry mandatory minimum and maximum sentences that leave the judge with little choice, so the possible terms of a plea agreement depend on the offense.
The dismissal of other charges. A plea agreement may also involve the dismissal of other charges in exchange for the guilty plea.
A plea bargain is different from Pretrial Intervention, a program that is under the direct supervision and control of the circuit solicitor (S.C. Code Ann. § 17-22-30) and is open only to defendants who are eligible under the statute.
Advantages of Taking a Plea Bargain
A plea bargain can bring certainty. You know in advance what charge you will plead to and what the solicitor has agreed to, although the judge is the one who sets the sentence. A plea bargain also ends the case without a trial, which avoids the time that a trial takes and the risk of a guilty verdict on the original charge.
Whether those advantages outweigh the disadvantages depends on the evidence and the offer. That is a decision to make with your attorney after the evidence has been reviewed.
Cons of Taking a Plea Deal
The potential disadvantages of a plea bargain should be considered with great care.
- A guilty plea is a conviction. The Supreme Court has explained that a plea of guilty is more than an admission of conduct, because it is itself a conviction. By pleading guilty, a defendant 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 (Boykin v. Alabama, 395 U.S. 238 (1969)). In South Carolina, a person who is indicted can be convicted by a confession of guilt in open court or by admitting the truth of the charge by a plea (S.C. Code Ann. § 17-23-80).
- You give up the chance to have the State prove its case at trial. Every person charged with an offense has the right to a speedy and public trial by an impartial jury and to confront the witnesses against him or her (S.C. Const. art. I, § 14). A guilty plea gives up the right to a jury trial and the right to confront the witnesses.
- Pleas of no contest are limited. In a misdemeanor case, a defendant may plead nolo contendere (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). The South Carolina Supreme Court has noted that nolo pleas are permitted only for misdemeanor charges (Zurcher v. Bilton, Opinion No. 26531 (S.C. 2008)), so a no contest plea is generally not available in a felony case. Ask a lawyer which plea options the court will accept for your charge.
- Appeal deadlines are short. After a plea and sentence in General Sessions Court, a notice of appeal must be served within ten days after the sentence is imposed (S.C. Appellate Court Rule 203). An application for post-conviction relief generally must be filed within one year after the judgment of conviction (S.C. Code Ann. § 17-27-45).
- Court costs. If you plead guilty or plead no contest, you are responsible for court costs (Judicial Branch FAQ).
What to Do Before Taking a Plea Deal
Before you take a plea deal, make sure you understand the offer, the charge, and the consequences of the plea. Meeting with your attorney is the first step, because he or she can answer your questions about plea bargaining and about your case.
Learn More: What to Expect From Pre Trial Intervention
Ask what the solicitor is offering, what the charge and the sentence would be if you accept, and what the charge and the possible sentence would be if you do not. Then weigh the advantages of the offer against the disadvantages described above.
Meeting with Your Criminal Defense Attorney
Meeting with your criminal defense attorney is an important step in the plea bargaining process. When you meet with your lawyer, be prepared to discuss your case in detail and what kind of plea bargain you are willing to consider. During this meeting, your lawyer can explain the charges against you and any potential defenses that may exist. He or she can also review the evidence and discuss possible outcomes.
Understanding the Charges Against You and Your Options
When you are facing criminal charges, it is important to understand the charges against you and your options for resolving them. If you are uncertain about the charge you are pleading to, make sure your lawyer explains it to you. Discuss your case with your attorney and understand your constitutional rights in your specific situation.
Learning What the Solicitor Is Offering
In a General Sessions case, the solicitor may negotiate a plea bargain with you or your lawyer (Judicial Branch FAQ). The solicitor also controls the Pretrial Intervention program in the circuit (S.C. Code Ann. § 17-22-30). Within 90 days after receiving an arrest warrant from the clerk of court, the solicitor must prepare an indictment for the grand jury, formally dismiss the warrant, or make another affirmative disposition in writing (S.C. Rules of Criminal Procedure, Rule 3). You can learn more about the Greenville County solicitor’s office on the county’s website.
Weighing the Pros and Cons of a Plea Deal
Before you decide, your attorney can review the evidence the State must disclose. On request, the prosecution must permit the defense to inspect and copy the defendant’s statements, documents and tangible objects, and reports of examinations and tests described in the rule, and must respond within 30 days (S.C. Rules of Criminal Procedure, Rule 5). The prosecution also must disclose evidence that is favorable to the accused and material to guilt or punishment when the defense requests it (Brady v. Maryland, 373 U.S. 83 (1963)). Timing matters before a plea. The U.S. Supreme Court has held that the Constitution does not require a prosecutor to disclose material impeachment information, meaning information that could be used to challenge a witness’s credibility, before the defendant enters a plea agreement (United States v. Ruiz, 536 U.S. 622 (2002)). A lawyer can ask what the State will share before you decide.
The State has the burden of proving guilt beyond a reasonable doubt (In re Winship, 397 U.S. 358 (1970)). A defendant who pleads guilty gives up the opportunity to hold the State to that burden at trial. That tradeoff is the central question in deciding whether to accept an offer.
What Happens After Accepting a Plea Deal?
When you plead guilty, the court must be satisfied that your plea is voluntary and intelligent (Boykin v. Alabama). Federal courts have a detailed plea rule, Rule 11 of the Federal Rules of Criminal Procedure. The South Carolina Rules of Criminal Procedure have no counterpart to it. In South Carolina, the requirements come from the statutes, from decisions such as Boykin, and from court forms such as the Judicial Branch’s guilty plea information form, which lists the rights a person gives up by pleading guilty. The plea is a conviction, and the judge then sentences you within the limits set by state law (Judicial Branch FAQ). If a prison or jail sentence is imposed, South Carolina law requires that you receive full credit against the sentence for time served before trial and sentencing, with the exceptions the statute lists (S.C. Code Ann. § 24-13-40).
If your sentence includes probation, it is important to follow every condition. The court or a probation agent may issue a warrant to arrest a person for violating a condition of probation (S.C. Code Ann. § 24-21-450), and the court may revoke probation and require the person to serve all or part of the sentence (S.C. Code Ann. § 24-21-460).
Discuss Your Options with an Attorney
Deciding whether to plead to a criminal charge is a serious decision, and talking with a criminal defense attorney can help you make an informed choice. An attorney can review the evidence, listen to your story, and explain your options, whether that is accepting a plea bargain or going through the court proceedings.
Touma Law Group represents people charged with crimes from our offices in Greenville, Columbia, and Anderson. We can explain the options available to you and discuss the risks of each. Call (864) 618-2323 to talk with an attorney about your case.
