David Serna: What are Plea Bargains?

David Serna believes that many perceive the criminal justice system as overburdened and somewhat inefficient. As a result, the traditional image of a criminal trial became all but obsolete in the American legal system, and the majority of criminal convictions now result from plea bargains. Their prevalence has now risen as a matter of necessity for many prosecutors and judges. But what are plea bargains?

Plea bargains are an agreement between the prosecutor and the defense, in which the defendant pleads no contest or guilty in exchange for concessions by the prosecutor. They might involve a recommendation for a lenient sentence, a reduction in the charge level, or the number of charges if the defendant faces multiple charges. Whatever agreement the defense and prosecution may reach, David Serna believes it is crucial for defense attorneys to thoroughly examine it and ensure the benefit their client will get.

David Serna thinks many people believe that plea bargains are shortcuts that deny the defendant their right to have their voices heard in court. But these agreements are firmly entrenched in the system. And David Serna believes that defendants appreciate their ability to arrange a result that allows them to move forward and avoid the uncertainty of a trial.

Although it offers benefits to the defendant, David Serna believes defense lawyers must thoroughly discuss their clients’ agreement with the prosecution. Some may not be willing to give up their rights and freedom in exchange for the prosecution’s terms. Defense lawyers must explain to the defendant that the result of a plea bargain is essentially the same as a conviction, wherein they will lose the same civil rights.

However, David Serna believes that plea bargains have some advantages too. Sometimes it will be easier for the defendant to seal or expunge a criminal record after a plea bargain. In civil cases, no one can use no contest pleas against the defendant as an admission of liability. It is why defense lawyers should explain every crucial aspect of this type of agreement to ensure that their clients fully understand their options and their consequences.