Blog Home How to Navigate Plea Bargains in Illinois Criminal Cases
The Illinois criminal justice system can be overwhelming and complex, especially if you are facing serious charges. One common aspect of the process is the plea bargain. You’ve probably heard about plea bargains in TV shows, but you might not really understand exactly what they are and how they work.
Quite simply, a plea bargain is a negotiation between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge—or to one of multiple charges—in exchange for a lighter sentence or the dismissal of other charges. Plea bargains are a fundamental part of the criminal justice system, helping judges and prosecutors manage large caseloads and avoid lengthy trials.
Working with someone who understands how to negotiate plea bargains can significantly impact your case’s outcome for your benefit.
Types of Illinois Plea Bargains
There are three types of plea bargains that you might encounter in Illinois:
1. Charge Bargaining
This involves pleading guilty to a lesser charge than the one originally filed. For example, a defendant charged with felony theft might plead guilty to misdemeanor theft.
2. Sentence Bargaining
In this type, the defendant pleads guilty in exchange for a promise of a lighter or alternative sentence. For example, pleading guilty with the agreement that you will receive probation instead of jail time.
3. Count Bargaining
This involves pleading guilty to one or more charges in exchange for the dismissal of other charges. For example, pleading guilty to one count of burglary in exchange for the dismissal of two other counts of burglary.
The Plea Bargain Process in Illinois
Before a plea bargain is offered, both the prosecution and the defense thoroughly investigate the case. The defense attorney gathers all evidence, including witness statements, police reports, and other relevant information. Negotiations typically begin once both sides have a clear understanding of your case.
The prosecution will make an initial offer. This offer is often a starting point and not the final deal. Your attorney will evaluate the offer and negotiate with the prosecutor to get the best possible terms.
It’s crucial to carefully evaluate the prosecution’s offer. Consider the strength of the evidence against you, the potential penalties if convicted at trial, and the benefits of accepting the plea bargain. Your attorney will provide guidance and advice based on their experience and knowledge of the law.
Ultimately, the decision to accept or reject a plea bargain is yours. It’s essential to fully understand the consequences of pleading guilty, including the impact on your criminal record, employment prospects, and personal life. Take the time to discuss all aspects with your attorney.
If you decide to accept the plea bargain, it must be approved by the court. The judge will ensure that you understand the terms of the agreement and that you are entering the plea voluntarily and knowingly. The judge may ask you questions to confirm this and will then decide whether to accept the plea deal.
Advantages of Illinois Plea Bargains
Plea bargains offer several benefits, including reduced sentences. Defendants can often receive a lighter sentence than they might if convicted at trial. They can also result in the dismissal of some charges, reducing the overall severity of the case.
Accepting a plea bargain provides certainty about the outcome, avoiding the unpredictability of a trial. Additionally, plea bargains can resolve cases faster than going to trial, saving time and resources for both the defense and prosecution.
Disadvantages of Plea Bargains in IL
Plea bargains also have potential drawbacks. Pleading guilty will result in a criminal record, which can impact future employment and personal opportunities. Accepting a plea bargain means pleading guilty, even if you believe you are innocent or have a strong defense. Additionally, you generally have limited rights to appeal once you have entered a plea bargain.
Tips for Navigating Illinois Plea Bargains
The first thing you want to do if you are considering the possibility of negotiating a plea deal is to hire an experienced criminal defense attorney. Why? Because plea bargains are complicated. Only knowledgeable professionals have the understanding of the law that it takes to ensure you are truly getting the best possible deal.
That being said, you should not just take whatever deal your lawyer recommends. Have your attorney walk you through every aspect of the deal to ensure you fully understand the terms of the plea bargain and the consequences of pleading guilty.
Carefully consider the benefits and drawbacks of accepting a plea bargain versus going to trial. Fighting for your innocence in a trial could mean avoiding a guilty verdict and all of the negative consequences associated with it. However, losing will likely mean facing more severe penalties than if you had taken a plea deal.
There is no simple answer as to what the right move is. Every situation is different. The best thing you can do is provide your attorney with all relevant information, even if it might seem damaging. This will allow them to build the strongest possible defense and negotiate the best terms.
About the Author:
Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.
