If you have been arrested and charged with a crime, a New Hampshire criminal attorney can help you decide whether or not to take a plea bargain.

When a defendant agrees to a plea bargain, it means that he agrees to plead guilty to a lesser charge than the one he was originally charged with in exchange for a reduced sentence, an agreement with the prosecutor not to charge him with a more serious crime, or the dismissal of other charges. Sometimes, however, the prosecutor might offer a plea bargain to a serious charge in exchange for early release from jail, which is not always in the defendant’s best interest.

There are obstacles and difficulties involved in submitting a guilty plea at the initial court appearance. Usually, the district justice or magistrate is unable to enter a guilty plea to a felony or serious misdemeanor, and the parties are not fully informed about the details of the case and possible defenses that may be used. More often, plea bargaining begins at the arraignment where prosecutors have an interest in disposing of cases quickly and not taking too much of the court’s resources.

You might be faced with the difficult choice of a guilty plea in exchange for release on probation, or a not-guilty plea and continued detention. Pleading guilty for probation may mean pleading guilty to a more serious charge, which may come back to punish you later. Additionally, the conditions of probation are difficult for many criminal defendants (especially ones unable to make bail), and violation of probation is likely to be punished with more jail time.

A New Hampshire criminal attorney may be able to answer your questions about plea bargains and whether it is a good idea in your case. For a free evaluation of your case, please contact Sven Wiberg at (603) 686-5454 or (877) 222-4850.