People might plead guilty because they worry about harsher consequences if they take their criminal case to trial. They may fear the cost involved in hiring a lawyer or may assume that the fastest solution is always the best one.
Contrary to those assumptions, there are actually very significant consequences that may come from pleading guilty to pending criminal charges. It is surprisingly common for those accused of breaking the law to plead guilty instead of trying to defend against the pending charges they face.
What are the risks involved in entering a guilty plea instead of mounting a criminal defense strategy?
Being at the mercy of the courts
Those who plead guilty to pending criminal charges are subject to criminal penalties. The exact consequences depend on a variety of factors. The disposition of the judge, the nature of the charges, the presence of aggravating factors and the prior record of the person accused can all influence what penalties the courts ultimately impose when a defendant pleads guilty. Unless there is a clear plea bargain negotiated with the prosecutor, a guilty plea does not necessarily prevent the courts from imposing the most serious penalties possible.
Living with the stigma of a criminal record
Pleading guilty also means moving forward with a criminal record. While people might tell themselves that a guilty plea is less serious than a criminal conviction, those performing background checks are unlikely to differentiate between voluntary pleas and convictions. In fact, even if the prosecutor offers a plea to a lesser offense, those with criminal records have to deal with other people assuming that they were guilty of the more serious crime. Although the record itself says that they committed a misdemeanor, others may treat them as though they committed a felony offense, which can significantly limit their opportunities in life.
Facing enhanced future sentencing
The third concern for anyone contemplating a guilty plea is the possibility of a future arrest. Prosecutors and court professionals look at prior records when deciding what charges to bring and what penalties to impose. Those with related prior offenses on their records are often at risk of enhanced penalties for any future charges they may face. Individuals facing second or third charges are often subject to harsher penalties. In some cases, repeat offenses can be the difference between misdemeanor and felony charges.
Most of the time, there are several defense strategies available to those accused of breaking the law. Reviewing the situation that led to criminal charges with a skilled legal team, for example, can help people develop realistic criminal defense strategies. With the right approach, people can avoid convictions or minimize the possible penalties. Instead of pleading guilty quickly, looking at every option available is often a better way forward.
