The Reality of Plea Bargaining: Pros and Cons

Plea bargaining. It sounds like something out of a legal drama, a high-stakes negotiation behind closed doors. And in a way, it is. If you ever find yourself facing criminal charges in Maryland, there’s a good chance a plea deal will be on the table. But should you take it? That’s where things get complicated. Let’s break it down.

What is plea bargaining, anyway?

At its core, a plea bargain is a deal between you and the prosecution. Instead of going to trial, you agree to plead guilty to a lesser charge or accept a lighter sentence for the original charge. In return, you avoid the uncertainty of a trial and potentially harsher penalties.

Maryland, like most states, leans heavily on plea bargains. In fact, according to the Maryland Judiciary, the vast majority of criminal cases end in a plea deal rather than a trial. Trials are expensive, time-consuming, and unpredictable. For prosecutors, judges, and even defense attorneys, plea bargaining is a way to keep the system moving.

The question then becomes, should you take a deal if it’s offered? Plea bargaining comes with some important pros and cons that you’ll need to understand before you make any decision regarding a possible deal.

The pros of taking a plea deal

Let’s start with the benefits. Because yes, there are some:

• A guaranteed outcome– Trials are a gamble. Juries are unpredictable. A plea bargain lets you know exactly what you’re getting. For some Marylanders accused of crimes, that lack of ambiguity may be enough to make the plea bargain worthwhile.
• A lighter sentence– Prosecutors often offer reduced charges or penalties in exchange for a guilty plea. That could mean less jail time or avoiding it altogether. In some cases, even if you’re innocent, it might be the smarter idea to take the plea deal than risk going to trial.
• It’s faster – Trials can drag on for months. A plea deal speeds up the process and lets you move forward with your life. Not having the specter of a trial hanging over your head can make a big difference in your quality of life, even if some jail time is part of the deal.
• Less stress– No trial means no public spectacle, no cross-examinations, and no waiting on a jury’s verdict. You agree to the deal, and you’re done. It’s as simple as that.

For many people, the pros of plea bargaining are probably enough to sway their decision. However, there are some drawbacks here that you’ll need to be aware of because they can make a significant difference.

The cons of plea bargaining

Of course, it’s not all good news. There are serious downsides, too:

• You give up your right to a trial– If you take a plea deal, you don’t get your day in court. You don’t get to fight for a “not guilty” verdict. Yes, getting that verdict is a gamble, but it can be incredibly validating when the jury sides with you.
• A criminal record– Even if the deal is good, pleading guilty means you now have a conviction on your record. That can impact jobs (employers may choose not to hire you, or you could be automatically excluded from consideration), housing (lenders often check criminal history, as do landlords), and may mean future legal issues (a criminal record can be used against you in future trials, for instance).
• Coercion concerns– Sometimes, prosecutors push plea deals hard, even in weak cases. Defendants, especially those who can’t afford a strong legal defense, might feel pressured to take a deal just to avoid a worse fate. This is particularly important to think about if you’ve been falsely accused but are relying on a public defender to help you make your case.
• You might have won at trial– If you take a deal, you’ll never know if you could have walked free. And sometimes, innocent people plead guilty just to avoid the risk of a harsher sentence or the months-long wait for a trial and the impact of that on their lives.

There’s a great deal to think about when it comes to plea bargaining, and there’s no single solution that’s right for everyone.

When should you consider a plea deal?

Every case is different, and there’s no one-size-fits-all answer. But here are some factors to consider when it comes to your case:

• The strength of the evidence– If the prosecution has overwhelming proof (eyewitnesses, DNA, video footage), a plea deal might be the best way to minimize damage.
• Your criminal record– First-time offenders sometimes get better deals. Repeat offenders may not have as much bargaining power. And remember, a plea deal means a criminal record, which makes you a repeat offender if you face these charges in the future.
• Potential penalties – Weigh the risk of a maximum sentence at trial against what’s being offered. In some cases, the maximum sentence in a jury trial might not be that much worse than what the prosecution is offering, so going to trial may make more sense than taking the deal.
• Your defense strategy– If your attorney believes you have a solid case, it may be worth pushing forward to trial. An experienced criminal defense attorney can help you understand the situation and the strength of your case.

Maryland statistics on plea bargaining

In Maryland, the numbers tell a clear story. According to court data, well over 90% of criminal cases never make it to trial. That means most defendants are taking deals. But are they good deals? That depends.

Studies have shown that defendants with private attorneys tend to get better plea offers than those relying on public defenders, highlighting the importance of having the right legal representation.

So, should you take the deal?

If you’re facing criminal charges in Maryland, a plea bargain might seem like an easy way out. And sometimes, it is. But it’s not always the right choice. The best thing you can do? Get an experienced criminal defense lawyer from Drew Cochran Law. We know the system, understand the stakes and can negotiate the best possible outcome for you.

Because in the world of plea bargains, knowledge is power — and the right legal strategy can make all the difference.