People are always looking for deals; sweet deals. Possibly you are looking for a new car, that plasma television that you have had your eyes on for a while, or maybe just a pair of shoes that will complete your fall lineup. Whatever it is that we are looking for; we are always looking for the deal.

Deals are also very much a part of our justice system. In fact, these deals may be the most important deal that you will ever seek. These deals, or pleas, out of respect for my lawyer friends, are a vital part of what makes our system work. Have you ever received a subpoena where you had to report for jury duty? Most people who go through this process for the first time are amazed at how long it takes to actually get a case in front of the jury. Imagine how backed up our system would be if every case actually went to trial. They might be able to try an entire case during an hour episode of Law and Order, but in real life an hour will not even get the indictment read. It takes more than an hour for the judge to make sure that their robe is hanging just right for their entrance into the courtroom. Believe me, a lot happens before the “all rise” command is given when the judge makes their grand appearance.

For those of you who have not yet had to sit through a discussion with your lawyer where they are describing to you the benefits of pleading guilty, many such conversations take place every day. In fact, well over fifty percent of cases that have been indicted never go to trial. One might wonder why this number is so high. The police might tell you that the case was so strong that the defendant knew that going to trial would be useless. The defense might tell you that the case was so weak that the prosecutors were eager to work out a deal because they were worried that they might not be able to prove the case in court. The truth lies somewhere in between. Extreme cases of both scenarios lead to many pleas, but for the most part pleas are negotiated in an attempt to resolve criminal cases in the most expedient fashion.

People appear in court for many things but plea hearings are one of the most common occurrences that a courtroom observer will see. One defendant after another voluntarily walks up to the podium with their lawyer whereby they stand in front of the judge and admit that they are guilty of the crime that they have been charged with. In fact, they must admit in open court that they did commit the crime.

This is the point that you see the police officers smiling. Once the plea is presented to the court, you just might see the defense attorney smiling. Judges never smile. And that is the way that pleas work. Pleas are negotiated in cases where the quick disposition will allow the court to try cases where a plea is simply not going to happen. Most of the cases that go to trial are usually of a more serious nature. As long as a defendant is able to come to a negotiated plea agreement, based on the advice of their attorneys, and without any coercion from the government, this is a good system. It will never please everyone, but it has proved to benefit the system as a whole for many, many, years.

The high point of Howie Mandell’s hit television show “Deal or No Deal” is where the contestant squirms and sweats as they try and decide whether or not the deal offered is for the best. But, in the world of crime and punishment when the judge asks the defendants if they are prepared to accept their deal, you can believe that all of the squirming and sweating has already occurred. In this case it is more of a “done” deal.