You should not plead guilty just because you’re guilty.

Posted by on Oct 4, 2012 in Plea bargains | 0 comments

I can’t count how many times I’ve had a client tell me that “I just want to go in and plead guilty, because I really did do it.” You should resist this temptation, at least until you speak to a criminal defense attorney.

I understand why a criminal defendant might feel guilt or remorse and want to just admit everything to the judge. It’s a very bad idea.

Most criminal cases are eventually resolved by plea. A significant percentage are nearly unwinnable by the defense, and in those cases defense counsel would advise a guilty plea eventually anyway. That’s the outcome the system expects.

But the system also expects that the guilty plea will be part of a plea bargain. If the defendant is accused of two crimes, the prosecutor often offers to dismiss one in exchange for a guilty plea to the other. If the defendant is charged with one crime, the prosecutor offers to recommend a short sentence in exchange for a guilty plea. If the prosecutor doesn’t make such an offer, then there’s no reason for the defendant not to go to trial, and if every defendant goes to trial, the system will grind to a halt; there are nowhere near enough judges or courtrooms to handle a trial in every case.

So, if you plead guilty because you really are guilty, without trying to get a favorable plea bargain, you risk a worse sentence than the majority of people who committed the same offense. The judge might go easy on you because you plead guilty, especially if it is a minor crime to begin with, but there is no guarantee.

Finally, it may be that your case is winnable for a reason that you will miss. If you want to make amends for harm you have caused, there are lots of ways to do that that don’t require a criminal conviction and time in jail. The criminal justice system is ham-fisted and unforgiving; if you don’t do what you can to stay out, you’ll be sorry.

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