Given the significant time and expense associated with criminal court litigation, most sex crime cases resolve out of court through plea deals.
The defense attorney and state prosecutor reach a plea deal after negotiations. Our legal team can help you achieve a fair and reasonable plea deal.
As part of a plea deal, the accused must plead guilty to a particular offense instead of preparing for trial. However, as a concession to this guilty plea, the state prosecutor may offer the accused person a period of probation as opposed to a conviction. If the accused individual completes all of the terms of their probation, their conviction may go away, and their permanent criminal record will not contain the conviction. Alternatively, the prosecutor may reduce a felony sex crime charge down to a misdemeanor, resulting in lesser penalties.
However, always remember that an accused person gives up several legal rights by accepting a plea deal. First, they give up their constitutional right to a trial by jury. In addition, they must give up their right to appeal the case result.
Before a judge accepts a negotiated plea deal, the accused individual must state on the record that they agree to it freely and voluntarily – and that no one has coerced them into accepting it.
In some circumstances, a criminal defendant should accept a plea deal. However, at other times, the accused should take their criminal case to a bench or jury trial, especially if the accused has a solid legal defense.
If the case ultimately goes to a courtroom trial, the parties will present evidence, and the trier-of-fact (like the judge or the jury) will decide the accused’s innocence or guilt. If the judge or jury reaches a guilty finding, the judge imposes specific penalties against the accused individual under the state statute.
The knowledgeable and compassionate Orange County sex crime attorneys at Chudnovsky Law can help you decide whether accepting a plea deal is a good idea, given the facts and circumstances of your case. We can also explain the pros and cons of plea deals versus trials. If you decide to take your case to trial, we can represent you and introduce a solid legal defense on your behalf.