Stephen Krzyston's profile

Sentence and Fact Bargaining in Criminal Law

As an attorney at Cavanaugh & Thickens in Columbia, South Carolina, Stephen Krzyston represents clients in personal injury and criminal law cases. An experienced trial attorney, Stephen Krzyston has served in several capacities across various legal organizations, becoming adept at bargaining.

In criminal law, defendants and prosecutors can avoid lengthy trials in several ways, including sentence and fact bargaining. Each differs in plea bargaining but offers defendants and prosecutors alternatives to the traditional trial process. In sentence bargaining, the defendant agrees to plead guilty to specific charges in exchange for more lenient sentences. For instance, a defendant might plead guilty to a burglary charge but receive a sentence typically associated with trespassing. Then, both parties avoid the uncertainty and expense of a trial while achieving a more predictable outcome.

On the other hand, fact bargaining focuses on the presentation of evidence during trial. In this arrangement, the defense and prosecution agree on which facts they will stipulate or omit from the trial. For instance, in white-collar crimes, the defense may agree to allow the prosecution to establish certain financial transactions as facts without extensive proof. In return, the prosecution might agree not to introduce evidence related to the defendant's personal life that could negatively influence the jury's perception. Fact-based bargaining enables a streamlined trial process by narrowing the contested issues and reducing the time and resources required for litigation.
Sentence and Fact Bargaining in Criminal Law
Published:

Sentence and Fact Bargaining in Criminal Law

Published: