Exploring Options for Settling a Criminal Case

The prospect of settling a criminal case can seem like an improbable hope in the face of severe charges, but there are some instances where it is possible. Here we will discuss the various ways that legal cases can be settled prior to trial and how that applies to criminal cases.

Settling a criminal case means that the defendant agrees to accept some form of punishment for the crime rather than contesting the crime and theoretically must experience all of the consequences of being found guilty at trial. Note that this is not the same as a pardon, which might release someone from a prison term, and it also doesn’t necessarily mean that another type of sentence is likely. In many cases, this can mean pleading guilty to a lesser crime than what was originally charged or receiving some form of plea agreement that outlines the essential details of the case.

The most obvious difference between civil and criminal case settlements is that civil cases are not likely to carry any sort of formal “punishment” unless they are tied to a criminal case or a specific local ordinance. Punishments are not guaranteed to happen if a criminal case is settled either, as it may depend on the details of the plea itself. Lighter sentences or non-criminal punishment might be part of a plea agreement, although sentences can carry significant jail time.

Statistics on criminal case settlements are hard to come by because of the way that these types of cases are handled in the courts. However, you might find data on the rates of actual criminal case trials in your area as opposed to settlements, which could give you an example of how often people actually go to trial.

There are numerous options for settling a criminal case prior to trial. As previously mentioned, one of the main options is negotiation, where the defense attorney discusses options with the prosecutor to help the defendant get a lighter sentence or perhaps no punishment at all if the crime was indeed a minor offense. The other option is an immediate plea deal with the courts, which means that the trial is cancelled, and the defendant pleads guilty immediately.

Negotiation plays a big role in settling a criminal case. The majority of criminal cases do not ever actually reach trial, because plea deals between the prosecutor and defense become more plentiful as the trial approaches. Understanding how these deals work and how lawyers negotiate can make a difference in how seriously these deals are taken, and whether or not the guilty plea that results is actually worth the conviction.

The legal framework that governs settling a criminal case out of court is usually flexible, although local courts may have specific rules on how these are approached in general. The authority to approve or deny a settlement lies with the judge, who has to be willing to accept the conditions of that settlement.

Just like with any other area of law, ethics takes precedence over all. You may be surprised to find that settling a criminal case out of court is more ethical than simply trying to pursue a full trial for the sake of argument. A person who commits even a minor crime that has been charged with a bigger penalty may end up going to trial under pressure, only to wind up with a conviction that might be unwarranted.

It’s important to weigh the risks and benefits of settling a criminal case out of court before you make a rushed decision. It’s common for people to think that getting a case settled right away is the best option, but what happens if the defense is able to prove that the crime was only minor and not really significant, or that the sentence does not actually have to be enforced?

The best protection against any major loss of privacy or other important issues is to get a high-quality defense attorney who can discuss all of the options with the client. Pushing someone away from a trial could cause them to miss out on a better sentencing result.