What You Need to Know About Plea Bargains in South Carolina

If you’re charged with a crime in South Carolina, you may wonder if a plea bargain is right for you. What are plea bargains? What plea bargain can I get? How do I know what to do?

The experienced Columbia criminal defense lawyers at Shealey Law Firm explain.

What Is a Plea Bargain, and How Does It Work in South Carolina?

A plea bargain is an agreement between a prosecutor and defendant where the defendant admits guilt in exchange for a reduction in charges or some other favorable treatment. The defendant gives up their right to a trial and other rights in exchange for the terms of the plea agreement.

Types of Plea Bargains: Charge, Sentence, and Fact Bargains

Charging Plea Bargains

A charging plea bargain involves the dismissal of some charges in exchange for pleading guilty to less serious charges. For example, if a person is facing a drunk driving charge, they may plead guilty to reckless driving. If a person is charged with multiple offenses, they may plead guilty to one charge in exchange for dismissal of others.

Sentencing Bargaining

A plea bargain may be for an agreed-upon sentence. For example, the agreement may call for probation instead of jail time. The agreement may allow for participation in a special program. Sentencing bargains are subject to court approval.

Fact Bargaining

The prosecutor and defendant agree on facts or elements to present in court. Usually, it means stipulating to facts in exchange for exclusion of other evidence. Fact bargaining may be especially important in cases where facts can significantly impact sentencing, like drug charges or multiple convictions.

The Pros and Cons of Accepting a Plea Deal

There are good things about accepting a plea bargain, such as:

  • Lower maximum penalties
  • Knowing exactly what you’ll be convicted of
  • Not having the stress of trial
  • Resolving the case quickly, without waiting for trial

However, there are downsides to taking a plea deal, including:

  • Giving up the possibility of being found not guilty
  • Convictions on your record, or terms of a deferral program
  • Not being able to have your day in court

Whether it’s best to accept a plea depends on the likelihood of being found not guilty at trial, your criminal record, potential consequences of a conviction, and your personal wishes. An attorney can help you weigh the pros and cons.

What Rights Are You Waiving by Accepting a Plea Deal?

When you plead guilty, you give up your right to:

  • Have a trial
  • Call witnesses, cross-examine state witnesses
  • Present evidence
  • Refuse self-incrimination

At your plea hearing, the court will ask if you understand what rights you are giving up by accepting the plea bargain.

How Plea Bargains Can Impact Your Criminal Record

A plea bargain has the same impact on your criminal record as pleading guilty. If you’re pleading guilty to reduced charges, only the reduced charges are convictions. Be sure you discuss with your attorney how the plea bargain will affect your criminal record.

Can You Appeal a Plea Bargain Agreement?

Usually, once your plea bargain is accepted by the court, you can’t appeal. There may be grounds to withdraw the plea, but it’s rare. If you want to withdraw your plea, talk to an attorney right away.

How do plea bargains work?

When you’re charged with a crime, you may plead guilty or not guilty. You have the right to a trial; before trial, you may agree to accept a plea bargain.

When you accept a plea:

  • You admit you are guilty of the crime or crimes you are pleading guilty to (no contest in some cases).
  • There is no trial.
  • You give up the right to call witnesses, question the state’s witnesses, and testify in your own defense.
  • A court hearing puts the plea agreement on the record. The judge will ask you some questions to make sure that you understand.
  • Sentencing is according to the agreement. To the extent charges are reduced, the original potential penalties do not apply.

Why do prosecutors extend plea offers? 

There are several reasons prosecutors extend plea offers – the courts couldn’t possibly try every case, the prosecutor doesn’t want to risk losing at trial, or they may want to offer an incentive to engage in rehabilitation.

The Importance of Having Legal Representation During Plea Negotiations

Not all plea bargains are created the same in South Carolina. Although there might be pleas that are commonly offered, each plea bargain is determined individually, by negotiation. That makes it especially critical to have an attorney represent you during plea negotiations.

An experienced attorney knows:

  • What plea agreements the local prosecutor typically extends
  • What the prosecutor wants to see to extend a plea agreement
  • How to strategize for negotiations
  • Things to consider
  • Your rights

You rely on your attorney for their experience and their judgment. An attorney can assist through the plea bargaining process and help determine if accepting a plea is right for you.

Talk to an Experienced Columbia Criminal Defense Lawyer

An important reason to have a criminal lawyer is to understand what you need to know about plea bargains in South Carolina. Talk to an experienced lawyer at Shealey Law Firm today.

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