What is a plea deal in South Carolina?
In a plea deal, or plea bargain, the defendant agrees to plead guilty to a criminal charge in exchange for certain concessions from the prosecutor. For example, the prosecutor may seek a lesser sentence, reduce the seriousness of the charge, or withdraw some of the original charges.
By accepting a plea deal, your case won't go to trial. A plea deal is effectively a guilty plea and an acceptance of the allegations against you. Once a plea deal has been accepted and you enter a plea, the judge will then sentence you.
Does a judge have to approve a plea agreement in South Carolina?
Yes, a judge must approve a plea deal. Once you have reached an agreement with the prosecution, the judge hears the details of the deal. The judge will ask you to confirm you are entering the plea voluntarily.
The judge will also confirm you understand that your plea requires you to waive several constitutional rights including:
- The right against self-incrimination
- The right to a jury trial
- The right to confront witnesses
- The right to counsel (if you're unrepresented)
After hearing the details of the plea and asking you these questions, a judge may accept or reject the plea deal. When should you accept a South Carolina plea deal?
You should only accept a plea deal after receiving professional legal advice.
Facing a criminal charge can be stressful. So, it can be tempting to accept the first plea deal the prosecution offers you to put an end to the matter. But plea deals are a negotiation process and, with the help of a skilled attorney, you may be able to reach an agreement that's more favorable to you.
Once a judge has accepted a plea deal, it's very difficult to withdraw your guilty plea. There are limited circumstances in which you can do so, such as where you were coerced into it or where you were unrepresented and did not fully understand the consequences of your plea.
How does an experienced criminal defense attorney help when considering a plea deal in South Carolina?
If you are considering a plea deal, you should seek the assistance of an experienced criminal defense attorney by contacting L. Sherril Law immediately. An attorney can explain the process and consequences of accepting a plea deal, including the impact on your constitutional rights.
An experienced criminal defense attorney can also negotiate with the prosecution on your behalf to help you secure the best outcome available in your case. They can assess the strength of the prosecution's case against you and highlight any weaknesses during the negotiation of a plea deal. Call us at (803) 833-0008 or contact us through our online submission form today to schedule a consultation.