WHY DOES PLEA BARGANING IN CRIMINAL CASES MAKE GREAT SENSE?

All criminal prosecutors on all levels (federal, state & county) make use of Plea Bargaining with Defense Counsel.  The media for the most part has no understanding as to why this is an absolutely necessary tool, not only in obtaining a fair and balanced resolution to many cases, major and minor, but without it the criminal justice system would grind to a halt.  A person can be charged with an aggravated assault for example, but in reality it is really a simple assault, so the defense counsel and the prosecutor reach a plea agreement of pleading Guilty to the lesser offense.

Sometimes the prosecutors charge, but their witnesses fall by the wayside for one reason or another, and in order to get at least a conviction of something are willing to consider a plea to a lesser offense.  Sometimes defendants will agree to a plea agreement rather then a lengthy, costly, and somewhat difficult jury trial. 

ALL Plea Agreements must be approved in open court before a judge, and the judge MUST accept it, or it is thrown out.  The Judge will have to be told the facts involved, and in some cases why the prosecutor's office is recommending it.  Some people believe these Agreements are done quietly or in "backrooms". Nothing could be further from the truth. It is all on the written record. Many judges will not accept the Agreement until a full pre-sentence report is completed on the defendant and submitted to the Court. 

I would like to hear from those reading this BLOG what their feelings are about Plea Agreements.  Email Me -Attorney Corky Goldstein