How Plea Bargains Work in Georgia

Many criminal defendants end up “pleading out” to their criminal charges. This essentially means they accept a plea bargain.

Unfortunately, the plea bargain process is shrouded in mystery. At Moffitt Law, LLC, we have negotiated plea bargains for defendants, and we know what works. Call us to speak with a Columbus, Georgia criminal defense lawyer. In this article, we take a deep dive into the typical Georgia plea deal. Call us to speak with an attorney.

Can You Negotiate a Plea Deal on Your Own?

Nothing says you must hire a lawyer. Criminal defendants have a constitutional right to defend themselves. But you might not get a good Georgia plea deal if you represent yourself.

Negotiated Georgia Plea Deal

Our office has negotiated many pleas. This requires that we start talking to the prosecution about your case as soon as we are hired. Our goal is to get your charges reduced or at least minimize the length of your sentence.

Most crimes in Georgia have a minimum and maximum sentence. If you have prior convictions, then those can increase the sentence. We use the minimum and maximum as the baseline for our negotiation with the prosecutor.

Sometimes, we can get a prosecutor to agree to reduce charges. For example, you might face aggravated assault charges. The prosecution could agree to reduce the charges to simple assault, which is a misdemeanor. That means you avoid a felony charge, and you also face lessened penalties.

In other situations, we negotiate only the length of the sentence. Maybe the prosecutor won’t reduce the charges, but they agree to see a sentence that is lower than the maximum.

Plea bargaining is an art, not a science. Some prosecutors are more open to plea bargaining than others. As a criminal defendant, you aren’t entitled to a lenient plea deal, but an experienced attorney can work toward one.

If You Take a Plea Deal, Are You Convicted?

Yes. You agree to plead guilty. The prosecutor needs to get something in return, otherwise they have no incentive to discuss plea bargains.

Why Negotiated Pleas Work for Defendants

The biggest advantage is that you can lessen the amount of time behind bars. That is a huge benefit. You might also avoid a felony on your record if we can get charges reduced.

The state also benefits. Because you plead guilty, they can dispose of the case much faster. Going to trial is time-consuming and risky.

The state agrees to a reduced sentence and/or reduced charges in exchange for your guilty plea. That’s the “bargain” part of the term “plea bargain.”

As the defendant, it’s ultimately up to you whether to accept a Georgia plea deal. You can always insist on taking your chances before a judge and jury.

Steps in a Negotiated Plea Deal

Here is a general overview:

You hire a LaGrange criminal defense lawyer. We can review your history and the surrounding circumstances of the offense to determine your probable sentence.
We approach the prosecutor to open plea discussions. We usually go back and forth. Again, everything depends on the prosecutor. Some are anxious to reach a deal. Your criminal history also matters. If this is your first offense of any kind, then a prosecutor is probably more open to a plea deal than if you have prior convictions.
We submit the proposed plea deal to you for your consideration. If you give the green light, we tell the prosecutor.
We appear with the prosecutor to present the plea deal to the judge. The judge has the power to accept or reject the plea deal.
If the judge rejects the deal, then you can withdraw your guilty plea and take your chances at trial.

Non-Negotiated Pleas

A non-negotiated plea is different. You have a non-negotiated plea when you and the state cannot agree on a sentence. You plead guilty and then submit the guilty plea to the judge. The judge then decides on a sentence.

You cannot withdraw a non-negotiated plea, so you might be better off not making one. Let’s talk about your options in a free consultation. Remember, instead of pleading guilty you can plead “not guilty” and attack the state’s evidence.

Schedule Your Free Consultation

Plea bargains are a way to dispose of a criminal case, but they aren’t the best option for all defendants. At Moffitt Law, LLC, we do everything possible to get the best result for our clients based on the facts of the case. Schedule a confidential meeting with a member of our office to review what type of sentence you are facing.