How to Plea Bargain in South Carolina

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Some South Carolinians are very peaceful and have never been in trouble in their lives, but others will get in trouble at least once in their lives. When you get into trouble and there's no way out, a plea bargain is your only ticket closer to freedom. Reading this article will teach you how to plea bargain in South Carolina.

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Instructions

Difficulty: Moderately Easy

Step1

Know what a plea bargain is. There are two types of plea bargain strategies in South Carolina: a charge bargain and a sentence bargain. A charge bargain is when a South Carolina district attorney allows a defendant to plead guilty to a lesser charge, or to only some of the charges that have been filed against him or her. An example of a charge bargain is when a defendant charged with manslaughter 1 may be offered the opportunity to plead guilty to criminally negligent homicide. The second type of bargain is a sentence bargain which is when a defendant is told in advance what his or her sentence will be if he or she pleads guilty. If you are unsure what a plea bargain is, it is recommended that you thoroughly discuss this with your attorney before agreeing to any deals from the district attorney.

Step2

Keep your end of the bargain. A plea bargain in South Carolina is a law binding agreement between a defendant and the district attorney. If you do not hold up your end of the bargain with the district attorney, the district attorney has the right to go to the trial judge and nullify the agreement. If a South Carolina district attorney for some reason doesn't hold up his or her end of the bargain, the defendant can either withdraw his or her plea or the defendant's attorney can obtain a court order requiring the district attorney to honor the deal. If you have to bargain with a district attorney, it is recommended that you keep your end of the bargain.

Step3

Know when you should start bargaining. Some defendants choose to deal when it's too late. If you deal at just the right time, you can get a lighter sentence than you would probably get if you decided to wait. It is recommended that you and your lawyer start dealing when the district attorney is ready to make a deal and make the deal in a timely manner (don't tell the district attorney to wait long periods of time). The reason you have to deal in a timely manner is because some trial judges in South Carolina only give the district attorneys so much leniency.