If you have been charged with a crime that could result in a jail sentence, you have a constitutional right to plead not guilty and be tried before a jury of your peers. However, it is often in a suspect’s best interest to explore the option of entering into a plea bargain in Oklahoma.
What is a Plea Bargain?
A plea bargain is a legally binding agreement made between the defendant and the state prosecutor in which the defendant agrees to plead guilty and forego a trial in exchange for a desired incentive, typically a reduction in the charges against him or the possible sentence he faces if convicted.
How Plea Bargains Work in Oklahoma
A plea bargain may take place at any time after the initial arraignment, from the preliminary hearing until the day of the actual trial, but will only be valid in the presence of three crucial components:
- A knowing waiver of your rights, which means that you understand both the charges against you and that you are waiving your constitutional right to a trial.
- A voluntary waiver, which means that your choice to waive your rights is not being coerced, induced or made under threat.
- A factual basis to support the charges brought against you, meaning that there must be sufficient evidence to warrant the charges against you.
You have no constitutional or statutory legal right to a plea bargain and the judge may choose to reject a plea bargain at his or her discretion. In addition, there are certain instances where a plea bargain will not be an option. Typically, however, if a plea bargain is an option, the prosecutor and your defense attorney will do what they can to come to an agreement that is acceptable to all parties concerned, including the judge. Thus, most criminal cases are settled by some form of plea agreement.
Why Should You Accept a Plea Bargain in Oklahoma?
A plea bargain may be in your best interest, for example, when you are actually guilty of the crime you are charged with or when there is a likelihood that you will be convicted of the crime regardless of your innocence. In these situations, a plea bargain will allow you to, among other things:
- avoid a long and drawn out trial process
- reduce the charges
- reduce the possible sentencing range
- negotiate a lesser sentence
- negotiate a deferred, split or suspended sentence
- negotiate the date upon which you will begin serving your sentence
- negotiate the facility in which you will serve your sentence
Again, a plea bargain is not a constitutional right, and it must be approved by the judge presiding over your case before it will be allowed. Your attorney can only recommend that the court accept the plea bargain, which will only happen if both parties approve of the agreement and the judge finds it acceptable as well. If not, your attorney and the prosecutor will have to return to the negotiation table to work out an agreement acceptable to the court. For this reason, if you require assistance securing a plea bargain, waste no time in retaining the services of an attorney who is both experienced in criminal defense and skilled in the art of negotiation.
Free Consultation: Tulsa Criminal Attorney
When you’ve been arrested in the Tulsa area, it’s time to retain a Tulsa criminal attorney who will look out for your legal interests. Contact your defense team at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your free consultation, call now: (918) 256-3400.