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Pros and Cons of Plea Bargains
Robert Stahle • February 8, 2021
A plea bargain is a legal method of avoiding a lengthy criminal trial. When a plea bargain is being conducted, the prosecution and defense work together and the defendant’s case isn’t litigated before a jury. There are several reasons why cases go to plea bargains rather than trial, and plea bargains have pros and cons.
When determining if a plea bargain is right for your situation, our criminal lawyer at Fitch & Stahle Law Office will carefully weigh a variety of different factors. Here is an overview of the pros and cons of plea bargains.
Pros
A plea bargain that is negotiated successfully will:
- Avoid publicity: A criminal trial can have the unwanted side effect of notifying others in the community. Your trial will be a matter of public record, and criminal trials can bring shame to family members. If you choose a plea bargain, your background may be probed and investigated less by prosecutors as a result.
- Clear up any ambiguity in your case : Some defendants do not want to face the added pressure of going to a trial, whether they are faced with burglary charges or a different criminal charge.
- Possibly results in fewer or less serious offenses on your record : When you negotiate a plea bargain, the possibility of receiving a maximum sentence is greatly reduced. Also, the reduction of a felony to a misdemeanor can greatly help your prospects in terms of employment.
Cons
On the other hand, plea bargains also come with negative aspects as well:
- Defendants are sometimes pressured into waiving their constitutional rights to a trial. In some cases, the defendant can risk going to prison for a crime that he or she did not commit.
- You might be tempted to negotiate a plea bargain because you believe it costs too much to mount a defense of your innocence
- The prosecutor’s case may be weak, which is the factor that prompts them to extend the plea bargain
- The defendant gives up the right to a potentially vindicating not guilty verdict
- Plea bargains can lead to poor case preparation or investigation by the prosecution
Overall, many people who oppose plea bargains do so because it harms the criminal justice system by skipping the trial process entirely.
What Does a Plea Bargain Mean for Your Record?
In most cases, accepting a plea bargain involves getting a lesser charge on a defendant’s criminal record and receiving a more lenient penalty. If this involves getting charged with a misdemeanor rather than a felony, the consequences could be life-changing. Convicted felons lose many rights and often face discrimination in the job market and other areas.
Sioux City Criminal Lawyer
Licensed to practice criminal law in both Iowa and Nebraska, Fitch & Stahle have decades of experience. When you work with us, we will together determine what is the best course of action for your situation.
To learn more about plea bargains, contact us today at 402-494-3012. We look forward to assisting you.
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.