Plea Bargaining in Sex Crime Cases
People charged with criminal sex offenses in Tennessee often feel overwhelmed by the potential consequences of a conviction. Plea bargaining may be an option that allows defendants to have some control over the outcome of their case. Nashville sex crime lawyer Bernie McEvoy recognizes that in many cases, negotiating with the prosecution may lead to a plea offer that outweighs the uncertainty and cost of a trial. If you are charged with sexual battery or another sex crime in Davidson or Williamson Counties, Bernie McEvoy is prepared to listen to your concerns and work to pursue a favorable plea offer on your behalf.Plea Bargaining in Sex Crime Cases
The vast majority of criminal cases, including sex crime cases, do not go to trial. Rather, most criminal cases are resolved through a plea agreement. A plea agreement is negotiated and tailored to the specific details and circumstances of each case. A skilled defense lawyer can provide guidance to help determine whether a plea deal is beneficial in a particular situation. Typically, if the defendant agrees to accept a plea bargain, he enters a guilty plea in the case and waives his right to a trial. In return, one or more of the charges against the defendant may be reduced or dismissed, or the prosecution may seek a lighter sentence for the penalty phase. All plea agreements must be presented in court and approved by the judge presiding over the case.
Plea bargaining refers to the negotiating process of the defense and prosecution as they work towards an agreement concerning the outcome of the pending charges against the defendant. There are multiple considerations involved in plea bargaining in sex crime cases. Both sides will evaluate the strength of any admissible evidence in the case, the credibility of the witnesses who may testify, and any potential defenses to the charges. The prosecution will usually consider the defendant’s criminal record, prior sex offense convictions, and allegations in the current case that may result in enhanced penalties. A defense attorney can search for weaknesses in the prosecution’s case and argue for the best plea offer possible under the circumstances. It is important to note that, while prosecutors generally have discretion to enter into plea agreements, there are limits. Prosecutors are generally bound by the policies of their local District Attorney’s office and other laws that restrict plea bargaining.Potential Benefits of Plea Bargaining
Plea bargaining may have a significant impact on the outcome of a sex crime case. Tennessee sentencing guidelines provide a specific range of penalties for each category of felony sex offense. Typically, pleading guilty to a reduced charge will lower the potential range of punishment that may be imposed. Other potential advantages of plea bargaining will depend on the individual preferences of the defendant and the various details of the case. For some people, accepting the known terms of plea agreement is preferable to leaving their fate in the hands of a judge or jury. In addition, taking a plea deal in a sex crime case usually resolves the matter more quickly, without the drawn-out anxiety, publicity, and expense of a trial. Ultimately, the decision is a personal one. A Nashville defense lawyer can inform you of the consequences of entering into a plea agreement in a sex crime case and guide you through the process.Discuss Plea Bargaining in Sex Crime Cases With a Nashville Lawyer
A sex crime attorney can advocate on your behalf to negotiate the terms of a plea agreement. Attorney Bernie McEvoy can navigate defendants through the plea bargaining process and help them evaluate their options. He assists residents of Nashville, Franklin, and many other areas of Davidson and Williamson Counties. Schedule a free consultation regarding a sex crime charge by calling (615) 255-9595 or (615) 804-8779 on evenings and weekends, or contacting the Law Office of Bernie McEvoy online.