Reaching an Agreement Prior to Trial
Criminal cases, like civil cases, can be settled outside of court. In the criminal justice system, a case can be resolved by means of a guilty plea or diversionary acceptance into a program, sometimes referred to as a Pre-Trial Intervention (PTI) program. The process for resolving a case is similar to that of a civil case. In the course of representation a defendant will have discussions with counsel about whether to accept a settlement. A prosecutor will hold meetings or interviews with the defendant, who is represented by counsel, wherein the prosecutor discusses the terms of an offer to settle a case.
There are several reasons why a person may wish to explore this option. Prison time can often be avoided , with the exception of serious crimes. Many factors go into whether the Prosecutor will extend an offer to settle and whether an offer is accepted. There may be extenuating circumstances of which the Prosecution is unaware; such circumstances could convince a prosecutor that going to trial would be a waste of state resources. A defendant may have little recollection of events, and could be convinced that a plea is the best option.
While the civil settlement process typically involves payment of compensation to someone injured by the action of a defendant, a criminal settlement includes a plea to an offense that could have serious consequences. This is the main distinction between the two types of cases.
Actionable Legal Options for Settling Criminal Cases
When facing criminal charges, you may be wondering whether there are any alternatives to trial. In fact, it is often possible to resolve your case out of court. For example, the following legal options may apply:
Plea Bargain
The most common way of resolving a criminal case out-of-court is via a plea bargain. Generally speaking, a plea bargain occurs when the prosecutor offers to reduce the charges – the resulting penalties of which may also be reduced – in exchange for a guilty plea. This may happen at any stage before the entry of a guilty or no contest plea, but the earlier in the process the more leverage your defense attorney has to obtain a favorable plea bargain for you.
Diversion Program
Some jurisdictions offer pretrial referral to a diversion program. These programs provide a way for first-time or non-violent offenders to avoid a criminal record while providing appropriate treatment or rehabilitative services including education, counseling, and substance abuse treatment. If you successfully complete the program, your charges will be dismissed.
Deferred Adjudication
In other cases, the prosecutor may agree to defer their prosecutorial powers in exchange for a guilty plea and an agreement to follow an alternative sentencing program. If the defendant fulfills the sentencing requirements, the prosecutor will not prosecute the charges, which can help you avoid the permanent marks on your criminal record.
Plea Bargaining – The Most Common Method for Settling Criminal Cases
The best answer for most people is to pay a fine and be done with the matter. Most civilized jurisdictions prefer pleas to trials and recognize that the vast majority of criminal cases are resolved with guilty pleas. Statutes authorising pleas and bail are found in every code of criminal procedure in every jurisdiction.
Virtually every criminal case is settled out of court. This almost always involves a plea bargain wherein the defendant pleads guilty to a misdemeanor in exchange for probation with conditions.
Misdemeanor convictions are not ordinarily a sentence of imprisonment. The typical order of punishment for a misdemeanor is fine plus probation. The fine is paid to the court and imposed as a discretionary penalty to punish and rehabilitate the defendant. If the defendant does a good job on probation, the fine is refunded.
These matters are very common. Most judges recognize that no one wants to spend any time in jail, and that’s true for most misdemeanor cases. So no one should believe that is going to happen.
Common Factors That Lead to Settlement Outside of Court
To understand why some criminal cases can be settled out of court and why others must be taken to court, one must take into account several different factors that can affect the outcome of a case. These include the nature of the crime, the defendant’s history, and the willingness of the prosecution to negotiate. Sometimes the nature of the crimes may lead to a more favorable settlement for your case outside the court system. For example, situations such as an arrest for simple possession of drugs or drug paraphernalia — for which jail time is actually quite insulting — will likely lead to a settlement outside the court system if this is your first offense. Likewise, first-time DUI offenses are frequently settled outside court. If your previous criminal record is clean, this also weighs in your favor for an out-of-court settlement. In some cases — such as murder, robbery, rape or other such crimes — the prosecutor may simply not be willing or able to negotiate with you outside of a formal courtroom hearing. In these situations, your Jacksonville criminal defense attorney will need to prepare for battle inside the courtroom, and it will likely be a long, hard-fought battle, indeed. So long as there is a reasonable basis for a negotiated deal — including the existence of sufficient evidence of possible self-defense; for instance, in the case of an assault or homicide charge — a good Jacksonville criminal defense attorney can usually obtain a favorable plea deal with the prosecution. In some cases, even if there is no self-defense available to you, your attorney may even be able to get the prosecution to drop the charges against you altogether.
The Influence of Lawyers in Criminal Case Settlements
While it is possible to attempt to negotiate an out-of-court settlement on your own, oftentimes there are factors at play in legal cases that make having the assistance of a qualified attorney a necessity. For example, attorneys have extensive experience in negotiating with prosecutors and understand how negotiations can impact the outcome of your case. Your attorney will know what to say and what not to say to help you minimize the consequences of your alleged crime – all while protecting your rights . Due to their familiarity with the criminal justice system, your attorney will be most qualified to recognize a good deal when it comes up and to have the persistence necessary to stick with negotiations until one is achieved. If negotiations in your case fall through, an experienced attorney will be able to make a recommendation on the best defense strategy to have in place throughout your case.
Pros and Cons of Settling Criminal Cases Outside of Court
Before deciding to settle a criminal case, consider the advantages and disadvantages of this approach.
Settling out of court is generally more time-efficient than going to trial. Both a trial and a legal settlement take an investment of your time. However, when you go to trial, you have to wait for the trial date to come up. In the meantime, you may not be able to work or conduct any business. You can usually expect a trial to take at least a day and possibly multiple days. In addition, the attorney will have to spend a significant amount of time researching, preparing and completing all the paperwork for your case. Settlement typically requires less paperwork than a trial and the case is over much faster. In addition, you are not required to appear in court during the settlement process.
Typically, a legal settlement is less expensive overall than going to trial. Because a trial takes multiple days and requires thorough research and preparation, it is an expensive undertaking for both you and your attorney. In addition, you may run up significant expenses related to court reporters, certified copies of documents and other costs associated with a long trial. A legal settlement usually requires significantly less time and money for your attorney to complete. In addition, a legal settlement would occur much more quickly than a trial, which may allow you to get back on track with your financial and economic plan sooner.
Legal and Ethical Implications of Criminal Settlements
Beyond the practical considerations of expediency and saving costs, the decision to settle a criminal case out of court brings with it a host of more complex legal and ethical issues. On a fundamental level, to bypass the traditional process of adjudicating accusations in the courts strikes at the heart of the adversarial system, which is the foundation for ensuring that justice is served. While defenders of out-of-court settlements argue that it allows victims to receive restitution faster and helps offenders contribute more immediately to the restitution fund, many believe that these benefits come at the expense of the public interest in seeing that justice is served. Defenders of the process also believe that the results of the bifurcated process are not systematically skewed in any way, whereas many who question the process argue that it invariably favors offenders. They contend that when a case is adjudicated, the courts consider all the relevant factors and assign degrees of culpability, while in an out-of-court settlement, offenders can evade accountability by simply agreeing to acceptable restitution terms. The result, then, is that offenders who go through the process directly have their crimes quantified by the court’s established systems, while offenders who settle out of court enjoy a degree of impunity.
Further complicating the discussion are the effects on the fairness of the system. In many American jurisdictions, public defenders are overworked and underpaid, and the raft of lower-level offenders without means to hire an attorney typically are represented by public defenders. This system is so overwhelmed that many public defender offices essentially tell clients that they might as well accept their plea bargain offers because they will be unable to mount an effective defense. Some view the private settlement option as a way to bypass this inequity in the system, wherein offenders free of such constraints can at least have the opportunity to explore an option that may get them more favorable restitution terms rather than punishment terms.
Finally, the role of attorneys in this process needs to be taken into account. Attorneys are bound by ethical rules, but they also have an obligation to do what serves their clients’ interests, within the bounds of the law of course. In many cases, settlement is very much in the interest of the client. However, clients can sometimes try to pressure their attorneys to agree to unfavorable settlements, whether to avoid trial, to save time and money, or for any number of other reasons. This places the attorney in the position of either doing what is best for the client, or of adhering strictly to the ethical standards for prosecution of a case by proceeding to trial.
Is Stipulating Out of Court the Right Option for You?
From the information we’ve gone over, it’s clear that alternative dispute resolution options can be useful if you’ve been charged with a criminal offense. However, those avenues aren’t right for every situation. For example, if you feel that you could be exonerated in court, then the fight may be worth fighting. If you have seen no evidence that you’ve committed a crime, you may wish to face your charges head on.
On the other hand, alternative dispute options can work if you haven’t committed a crime but want to avoid it going to court . Dog owners, for instance, may not have intended to let their pets run wild, but if animal control has written them a citation anyway, a dog bite law firm may be able to step in and help them resolve the case out of court.
At the end of the day, however, you are the one who knows your case best. You’ll need to consult with an attorney who’s experienced with your type of case and get an overall sense of the kind of settlement you could receive. That is the best way to determine if this is the right way to go for your situation.
