The intensity of the emotions that people feel after an arrest can compromise their decision-making abilities. People who feel panicked or overwhelmed may not properly consider their circumstances. They might make decisions that put them at a disadvantage. For example, those accused of a criminal offense often decide very quickly to enter a guilty plea. People convince themselves that cooperating with the state is their best option for minimizing their risks and the social blowback from their arrest.
Even those who insist that they did not break the law or that the state identified the wrong person may plead guilty rather than taking the case to trial to prove their innocence. While this may reduce media attention and overall time spent in court, there are major issues with entering a guilty plea for the sake of expedience. Defendants are very vulnerable when they put themselves at the mercy of the courts.
Judges hold all the power after a guilty plea
The expectation that the courts may offer lenience in exchange for a guilty plea is quite common. Many defendants end up disappointed when a judge uses them to set an example by imposing a harsh sentence. Some judges specifically build careers around being tough on crime and may hand down harsh penalties, especially with certain types of offenses.
Entering a guilty plea does not ensure that a judge’s sentence is lenient. They can still hand down any sentence that aligns with state law for the offense. There is no promise that pleading guilty protects someone from a jail sentence or other harsh penalties.
In fact, judges in Mississippi technically have the right to set aside plea deals specifically negotiated by prosecutors. Even if a prosecutor promises to take jail time or other penalties off the table, a judge does not necessarily have to uphold that agreement. The only way to ensure that someone doesn’t serve time in state facilities or end up subject to other penalties is to successfully defend against pending charges.
Convincing the courts to dismiss criminal charges or getting acquitted at trial can protect someone from the various criminal penalties possible for a specific offense. As such, responding appropriately to pending criminal charges often entails mounting a defense rather than pleading guilty. Learning about the risks inherent in plea arrangements may benefit those exploring their options after a recent arrest.
