When someone refers to a plea deal, the details aren’t always explained to you. In Phoenix, where most criminal cases end in a plea deal, people often speak to a Criminal Defense Attorney in Phoenix before deciding whether to consider one.
Every plea deal will vary. The charges, facts and evidence will impact the offer you receive from the prosecution and multiple people will be involved.
Why are plea bargains so common in Arizona?
Most criminal cases never actually go to a jury trial, for a few reasons.
Courts are busy. Trial can be a lengthy process and getting a trial date together is difficult. Having a plea deal means it won’t take as much time for everyone involved.
The outcome is uncertain. There’s no guarantee for either side what the jury will decide. A plea deal means that you’ll get a certain outcome. Some defendants prefer this.
Cases can drag on. Having months of court dates can cause issues with your work, family and just overall stress.
A plea deal may not be suitable for all cases. It depends on the facts, evidence and how much both sides are willing to accept.
What role does the judge play in a plea bargain?
The judge will not negotiate a plea deal. They’ll simply review the plea deal agreed between the prosecution and defense.
The judge will ask questions to ensure you understand the plea deal, that you’re entering it freely and it complies with Arizona court rules.
They may not accept it. Some plea deals are recommendations and others are specific. If the court doesn’t accept a plea deal then Arizona’s rules require that you’re allowed to withdraw your plea.
How does court approval work for plea agreements in Arizona?
It can vary between different courts but generally, the plea deal will be presented and you’ll plead guilty/no contest to the charges. The judge will question you to ensure it’s a free plea, there were no promises made outside of the deal and that you understand your rights and potential outcomes. Then the judge will decide whether to accept this. If they do then sentencing will take place either then or at a later date.
Some plea deals will have requirements that need to be completed either prior or after sentence. The length of time will depend on court availability and case specifics.
How do plea bargains and alternative sentencing work in Arizona?
One of the most common outcomes of a plea deal is probation. This means you must stay out of trouble and complete specific requirements. These can include drug or mental health treatment, community restitution hours or classes.
In some cases a diversion program will be offered by the prosecutor. This is usually an alternative to a plea deal however if you complete the program you may have the charges dropped.
This will depend on the offense, your history and the attitude of the prosecutor and court. If you fail to meet the requirements then you could get into further trouble. It’s best to know exactly what you’re agreeing to. Programs can change over time so check what is currently available at your court.
What should you think about before accepting a plea deal?
By pleading guilty you’ll have a conviction on your record. This will show up on background checks. Many employers will check, and so do professional licensing boards.
If you’re not a U.S. citizen, pleading guilty to certain offenses can have immigration consequences. This could mean removal, or being denied immigration benefits in the future. It’s important to understand these risks.
Key takeaways
- A plea agreement is a negotiated resolution that a judge reviews, and most criminal cases end this way.
- The judge isn’t bound by every term, but if a plea agreement is rejected, the defendant generally gets the chance to withdraw the plea.
- Probation and diversion may be available, depending on the offense and the person’s history.
Getting a second opinion on a plea offer
If you’re considering a plea deal you may want to speak to a Criminal Defense Lawyer in Phoenix to get a second opinion. They can help you understand the terms of the plea deal and what it may mean in the long run.
Disclaimer: This article is provided for educational and informational purposes only and is not legal advice. Criminal laws and procedures can vary by case and under applicable Arizona law, and they may change over time.
