In many criminal cases here in Waldorf, Maryland, there will be some efforts made to negotiate what is called a “plea bargain.” The negotiations are between the attorney representing the person being charged (the criminal defendant) and the attorneys representing the State of Maryland. Given the importance of such negotiations, it is crucial for a criminal defendant in Maryland to consult with and retain experienced criminal defense attorneys. If you are being charged with a crime, call the Maryland Criminal Defense Attorneys at the Law Office of Robert Castro. Call us at (301) 870-1200. We are available around the clock, 24/7, and have offices in Waldorf, Maryland.

Generally speaking, the goal of plea bargaining is to obtain an agreement whereby the defendant agrees to plead guilty (in open court) to some charge, and the State’s attorney agrees to something in exchange. A plea bargain is “good” for the State’s attorney since the case is finished with the defendant pleading guilty. This “frees up” the State’s attorney to work on other cases and “adds a conviction” to the State’s attorney’s “track record.” A plea bargain CAN be “good” for the criminal defendant depending on the bargain.

In very general terms, there are two basic types of plea bargains. The first involves bargaining over the charges, and the second involves bargaining over the sentence. This article will discuss the first type.

As an example of charge bargaining, let’s use a real-world example involving the world-famous golfer Scottie Scheffler. Scheffler was arrested on May 17, 2024, for going around a police roadblock in an attempt to drive into the entrance of Valhalla Golf Club, where he was playing in the PGA Championship. See the ESPN report here. As reported, street traffic had been stopped – with police roadblocks and police directing traffic – because of a fatal accident involving a shuttle bus. Allegedly, Scheffler attempted to go around and police and the roadblock. He was arrested and was charged with four crimes:

• Second-degree assault of a police officer — a felony charge
• Third-degree criminal mischief — misdemeanor
• Reckless driving — misdemeanor
• Disregarding traffic signals from an officer directing traffic — misdemeanor

In general, felony charges are always more serious than misdemeanor charges — felony charges can lead to serious jail time. As such, when “charge bargaining,” the defendant’s “goal” is to have the State’s attorney agree to dismiss as many charges as possible, including the most serious charges, in exchange for a guilty plea to less serious charges. Often, the “goal” of the State’s Attorney is the opposite: obtain agreed guilty pleas on as many charges as possible, including on at least one of the most serious charges. Note that charge bargaining is expected by the police and prosecuting attorneys. This is one main reason that the prosecutors charge as many crimes as can be lawfully charged, given the facts.

In Scheffer’s case, if there is plea bargaining, it will likely center around the single felony charge of second-degree assault of a police officer. Scheffer might, for example, agree to plead guilty on one or all of the misdemeanor charges in exchange for having the felony charge dismissed. The felony charge is the most serious, which could endanger his golfing career.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.