If you’re charged with a sex crime in Wisconsin, you don’t necessarily have to go to trial to resolve the case. The legal system allows several possible paths. One option is a plea bargain. Not everyone will receive a plea offer, but an experienced criminal defense attorney can prepare a defense and negotiate on your behalf.
What Is a Plea Bargain?
A plea bargain is an agreement between a defendant and the prosecution. If you accept a plea deal, you agree to plead guilty to a charge in exchange for a reduced sentence, a lesser charge, or other favorable terms. Plea bargaining is common in criminal cases, including sex crimes. While we are here to advise you on the benefits of a particular plea bargain, whether to accept a plea bargain is entirely up to you.
The key benefit of a plea bargain is certainty. Trials and juries can be unpredictable. Prosecutors often use plea agreements to resolve cases without a full trial, which also saves time and government expense. A plea can also help you avoid maximum penalties and charges or negotiate certain sentences and conditions.
What Affects Plea Negotiations?
Prosecutors consider multiple factors when deciding whether to offer a plea deal. They’re not obligated to make an offer, and no defendant is required to accept one. The biggest factor is how strong the evidence is. Cases with strong forensic or witness evidence may leave little room for negotiation. On the other hand, cases with evidentiary gaps, potential defenses, credibility questions, or procedural issues create opportunities for a favorable plea.
The defendant’s background also matters. Courts and prosecutors take prior criminal history, age, and other relevant circumstances into account. For example, a first-time offender may receive more favorable offers than a repeat offender. Mental health and addiction issues can influence negotiations.
Finally, the judges must approve a plea agreement. Some courts scrutinize plea deals for serious sex crime cases more than they might for other crimes.
Common Plea Bargain Outcomes in Sex Crime Cases
Plea bargains in sex crime cases can take several forms:
- Reduced charges: Plea bargains often offer reduced charges. For example, a felony second-degree sexual assault charge might be negotiated down to misdemeanor fourth-degree assault, depending on the facts and evidence.
- Sentencing recommendations: Plea agreements may include recommended sentences, such as probation, treatment programs, or shorter jail terms. However, judges are not required to accept them.
- Deferred prosecution or conditional discharge: Sometimes, prosecutors may agree to deferred prosecution or a conditional discharge. Successful completion of specific requirements can lead to case dismissal.
Each option has consequences beyond the immediate sentence, however. Convictions, even on reduced charges, can trigger registration requirements under Wisconsin’s sex offender registry laws, limit employment and housing opportunities, and affect your civil rights. Always consult a knowledgeable Wisconsin criminal defense attorney before you decide whether to accept a plea deal.
Risks and Considerations
Plea bargains can lead to a better outcome, but they do have risks. Once you accept a plea, you waive the right to a trial. That includes waiving your right to confront witnesses and challenge the evidence. Waiving that right can be problematic if new evidence emerges later. Some plea agreements may also carry mandatory reporting requirements or electronic monitoring that can affect your personal and professional life.
A plea deal isn’t always the best option. If the evidence against you is weak or procedural errors occurred during the investigation, going to trial could result in an acquittal or dismissal. Experienced defense counsel can help you decide whether a plea is a good deal or if you’d be better off at trial.
Discuss Your Legal Options with Our Wisconsin Sex Crime Defense Attorneys
Plea bargains can provide a practical path in Wisconsin sex crime cases, but they carry long-term consequences. We can help you weigh the pros and cons of a plea and advocate for a fair outcome. Contact Jasti, Zehawi & Johnson LLC to discuss your case and explore your options.