VIDEO: The Vital Role Plea Agreements Play In The Judicial System

LOWNDES COUNTY, Miss.(WCBI) – Our judicial system is designed to punish those who violate the law.

With new cases entering the system all the time. Studies show on average a trial can cost the state several thousand dollars.

“You are bringing in all the law enforcement officers,  the lay witnesses, many times you’re going to bring in special witnesses, expert witnesses. If a defendant takes a plea bargain, not only does he get the advantage of lesser time to serve in jail or prison, if convicted, but it helps the state also,” said Public Defender Donna Smith.

A plea agreement is a deal between the Prosecutor or District Attorney and the person charged with a crime.

“A plea bargain is an opportunity, from our prospective, to get the victim justice but also be fair to the defendant. A lot of the statutes have a wide range in punishment. A plea bargain is a way for the defendant to take accountability,” said District Attorney Scott Colom.

Public defender Donna Smith has been practicing law for more than three decades. She says a common misconception is a defendant automatically receives a plea bargain and that’s not always the case.

“The state doesn’t have to offer you a plea bargain. In rare cases they do not offer pleas,”said Smith.

Colom says several factors must be considered before making a deal, ensuring the time fits the crime.

“We look at how many priors they have, if they have any. We look at what they’ve done their age their back ground. What we try to do with a plea bargain, is make sure we get one that makes the defendant accountable for what he or she has done, up hold justice for the victim, but also  be fair to the defendant because every one is entitled to a fair judicial system,”said Colom.

Smith says plea bargains are vital to the judicial system in Lowndes County.

“There are only 2 judges at any given time ready for trial they can only try one case at a time average two cases a week if you’re lucky for two judges in three weeks you’ve got six trials and you have 150, 160 defendants awaiting trial or plea bargain if there are no plea bargains then the system would freeze,”said Smith.

Smith says her client always makes the choice on whether to accept an offer from the D.A.

“Ultimately it’s their choice I can’t make that choice for them they have the right to go to trial they have to make the decision , if they tell me I’m not taking a plea Donna I start preparing for trial that day,”said Smith.

Colom goes on to say it’s best to accept a plea bargain as soon as it’s offered. The longer it takes, the the harder it will be for a defendant to make a deal.