To plea, or not to plea, that is the question.
In Texas, about 98% of criminal cases end in plea bargains. Hiring a skilled defense attorney increases your chances of a case dismissal or another favorable outcome. This guide will help you understand the complexities of plea bargaining so that you can make more informed decisions about your case.
WHAT IS A PLEA BARGAIN?
Plea bargains are negotiated agreements made between the prosecution and the defendant in a criminal case. The prosecution is made up of one or more attorneys from the District Attorney’s (DA’s) office; the defendant is the person facing criminal charges, who is often represented by a defense attorney.
Plea bargains are an efficient way to avoid the significant time, effort, expense, and uncertainty of going to trial. Through a plea bargain, the defendant pleads “guilty” (or “no contest”) to their charges and, in exchange, the prosecutor offers various legal concessions to the case, like dropping certain charges, reducing the severity of the charges, or pursuing a lighter or shorter sentence. You can think of plea bargains as a compromise between the prosecution and the defense.
WHAT IS THE PLEA BARGAINING PROCESS?
The plea bargaining process goes like this:
Offer: Typically, the prosecutor will present a plea deal to the defense attorney or the defendant directly, if they are unrepresented. Sometimes, the defense will make the first offer after discussing the case with the prosecution. Either way, the offer will exchange the defendant’s “guilty” plea for concessions on the case such as dropped charges, a shorter sentence, probationary periods, rehabilitation, counseling, or other methods of resolving criminality without the full legal consequence of the charge.
Assessment: The defendant, considering the advice and perspective of their criminal defense attorney, will carefully evaluate the plea offer. A good defense lawyer will walk their client through various considerations, weighing the potential outcomes of a trial, the strength of the evidence, the client’s perceived credibility, the client’s financial preparedness for trial, and the potential consequences of the plea deal.
Negotiation: Plea deals are generally open for negotiation between the prosecutor and the criminal defense attorney on the case. When the defendant is unrepresented, the plea deal is much less flexible to negotiation. Like any other deal, different aspects of a plea bargain may be shifted or added/subtracted in order to come up with an arrangement that is agreeable to everyone involved.
Acceptance or Rejection: The defendant has full discretion to decide whether they accept or reject the plea bargain. The decision is not made by the defense attorney, though the defense attorney has the professional obligation to advise their client. If the plea deal is accepted, the matter will proceed to a plea hearing, where the defendant formally enters their guilty plea in exchange for the concessions offered by the prosecution. Plea bargains are subject to judge approval and the agreement is not final until it has been accepted by the court. While judges typically accept the terms of plea deals, they have the ultimate power to reject the deal if they find it lacking for some reason. If the deal is rejected by the court, the plea can continue to be negotiated and a modified agreement can be presented to the court for approval. If plea bargaining is rejected by the defendant, the case will proceed to trial.
WHY WOULD YOU CHOOSE TO PLEA?
There are various highly favorable outcomes to criminal charges: having the case dismissed/dropped, having a felony case no-billed (meaning the case was not indicted), or receiving deferred adjudication. However, every case cannot reasonably be expected to be dropped or deferred. When charges persist, there are many reasons why a defendant might consider a plea bargain:
Avoid the Risk of a Harsher Sentence: Trials are inherently uncertain– there’s no guarantee of what a jury will decide. With a plea bargain, defendants benefit from a guaranteed outcome, preventing the risk of a more severe sentence if convicted at trial.
Save Time and Money: Trials can be lengthy and quite expensive. A plea bargain results in a quicker resolution of the case, saving the defendant time, money, and stress.
Benefit from Potential Leniency: Prosecutors may offer more lenient plea deals to defendants who cooperate with the investigation or provide valuable information. Especially when the potential sentence for a conviction is severe, plea bargains may offer more lenient outcomes.
Prioritize Personal Circumstances: Defendants can minimize the financial impact of criminal defense by avoiding trial. The certainty and closure provided by plea deals may help defendants preserve their family obligations and emotional well-being.
WHAT WILL LA DIABLITA DO?
La Diablita fights for every client. In her practice, Atty. García Falone takes every opportunity to resolve cases favorably, with as minimal impact to her clients as possible. Many defendants choose to resolve their case through plea bargaining, for the reasons outlined above. When a plea offer is on the table, la Diablita:
Evaluates the prosecution's case, uncovering for every way to strengthen her client’s position and preserve their interests;
Assesses the potential risks and benefits of a trial, and communicates those perspectives with her clients;
Explains the legal implications of a plea decision to ensure that her clients have all the information they need to make informed decisions; and
Negotiates the best possible plea deal, minimizing impact to her clients. When no reasonable agreement can be made, la Diablita is prepared and proud to represent her clients at trial.
Plea bargains aren’t most defendant’s hope and dream, but they’re a very frequent reality of criminal defense practice. Rest assured that with Diablita Criminal Defense every option is explored and every defense is mounted.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
If you’re facing criminal charges, call (512) 838-3442 to speak with the Devil.
Start building your strongest defense– contact Diablita Criminal Defense, PLLC to schedule a FREE initial consultation.
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