Articles Posted in Plea Bargaining

When you have been arrested or cited for an offense, the citation you receive will state a date and time that you have to appear in Court. That date is the arraignment date. At the arraignment date you will receive a plea bargain from the prosecutor. A plea bargain is a complete offer, and if you agree to the plea bargain you will enter a plea of guilty at the arraignment, concluding your case.

Before you accept a plea bargain there are many things you should take into serious consideration.

  1. Is the offer reasonable?

If you have been charged with a criminal offense, your first appearance in Court will be the Arraignment. At the arraignment, you will be read your rights, the charges against you and the potential sentence. You will then have the opportunity to speak to the prosecutor and the prosecutor will offer a plea bargain.

A plea bargain is an offer that is supposedly less than the statutory sentence. The hope of prosecutors is that you will accept the lower sentence in hopes of getting a guilty plea and concluding a case. Oftentimes a plea bargain is a good option, but sometimes it is not. Let’s draw out an example so that it is easier to understand.

Donna has been charged with Hit and Run under California Vehicle Code § 20001. She has no prior criminal record. At the arraignment, the Judge reads out the code section, and her rights. The Judge also explains that in accordance with the statute, she may face a potential penalty of up to one year in jail, and/or a fine of $1,000.00 to $10,000.00.