December 28, 2011 By Wallin & Klarich

Both the prosecutor and the defendant may reap benefits from plea bargaining. Without plea bargaining, prosecutors would be forced to conduct trials in nearly all criminal cases. Prosecutors are reluctant to try cases where they may not be able to meet their burden of proving each elements of the charged offense beyond a reasonable doubt. Therefore, prosecutors have a strong incentive to offer plea bargains to defendants in order to induce them to give up their right to a trial. Understand that each defendant has an absolute constitutional right to a trial in every misdemeanor or felony case. The prosecutor has the sole burden of proving each offense beyond a reasonable doubt. The constitutional rights to a trial and proof beyond a reasonable doubt are fundamental privileges that one should not readily surrender.

Defendants also benefit from plea bargaining. Depending upon the facts and circumstances of a case, it may be in the defendant’s best interest to give up certain constitutional rights and plead guilty. Whether to accept a plea bargain is based upon the strength of evidence against the defendant, and the negotiation process between defense counsel, prosecutor, and judge.

Be sure that your rights are adequately protected if you are ever facing criminal charges. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at 888-749-0034 or visit us online at We will be there for you when you call.

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