As we’ve written here before, the criminal justice system is a scary place. This is especially true for someone who hasn’t spent much time there. If you’re facing criminal charges, one of the most important decisions you’ll have to make is whether to accept a plea deal or go forward to trial. A plea deal, or plea bargain, is an agreement between you and the prosecutor which resolves a criminal case with a negotiated outcome. Typically this means that you plead guilty to a less serious charge (or only some of several charges), or receive a lighter sentence.
These sorts of deals are very common in the criminal justice system. But deciding whether to accept one or not can be a difficult decision. This post will help you understand what these deals involve and what you should be thinking about when deciding whether to accept one.
Understanding Plea Deals
Plea agreements are an important part of the system. The vast majority of criminal cases resolve with some sort of plea agreement. According to the American Bar Association, over 95% of all criminal cases in America are resolved with a plea deal. This is good for the system, as it frees up resources and allows prosecutors and the courts to focus on the most serious cases. It can also be good for the defendant, who often resolves their cases more quickly and with less serious consequences than might otherwise occur.
However, accepting a deal like this means giving up a lot of important rights. These rights include the right to a trial, the right to confront your accusers, and the right to remain silent. They also typically involve admitting guilt, which can have long-term consequences in many ways.
Plea Deal Factors to Consider
1. Strength of the Case Against You
Probably the most important thing to consider is how strong the case is against you. If the prosecution has a strong case with good evidence, then your chances of winning at trial are probably low. In this case, it might be a good option to negotiate as good a deal as you can. If the case against you is weak, then trial may be a better option. This is one area that a skilled defense attorney can be a great help. Analyzing evidence and determining the strength of a case against you is not easy. A trained attorney can assist you in understanding just how strong the evidence actually is.
2. The Consequences of Losing at Trial
Another important consideration is to know what the likely outcome is if you go to trial and lose. If the sentence is unlikely to be much different, then why not take the risk of going to trial? Sometimes, however, the potential sentence can be much harsher than what is offered in the plea deal. Balancing the potential outcomes against the strength of the case against you is often the most important consideration when deciding whether to accept a plea.
3. Personal Circumstances
A person’s personal circumstances can sometimes play a big role as well. If you’re the primary means of support for your family, then a quick resolution to your case and avoiding harsh penalties can be a major consideration. Similarly, someone with health concerns – or who has loved ones with health concerns – may be quicker to accept a deal so that they are able to focus on other important priorities in life.
4. Your Attorney’s Advice
If you’re fortunate enough to be represented by a skilled defense attorney, then their advice should be an important consideration for you as well. A good attorney has the experience and legal knowledge to help you understand the possible outcomes of going to trial, and whether it’s worth passing up on a plea offer. They can also assist you by negotiating with the prosecutor on your behalf and securing the best plea offer possible under the circumstances.
5. Long-Term Consequences
A plea offer might offer the best immediate outcome in your case, but it’s important that you look at the long-term consequences too. A criminal conviction can have a major impact on things like employment, housing, or obtaining certain professional licenses. If you’re not a U.S. citizen, criminal convictions can even lead to deportation! You need to keep these sorts of life impacts in mind when deciding whether to take a deal.
6. Collateral Consequences
When looking at the consequences of a criminal conviction, most people worry about things such as jail time, probation, and fines. These are certainly important considerations, but some cases involve other serious consequences that you might not think of. Certain convictions will trigger a loss of your driver’s license, limit your ability to possess firearms, or even require you to register as a sex offender.
When a Plea Deal Might be a Good Option
In certain circumstances, accepting a plea deal might be your best option. Such as:
- When the prosecution has strong evidence against you: If a conviction at trial is likely, taking a plea deal might be your best chance to receive a more lenient sentence.
- When the offer is fair: If the prosecutor is offering a very fair outcome, it may be worth strongly considering. This is particularly true where the offer allows you to avoid a possible felony conviction.
- When you want to move on with your life: Going to trial means dragging the case out longer. It also means a LOT of stress, anxiety, and uncertainty. Accepting a plea deal often means a quicker resolution and certainty in an uncertain situation.
- When you have other considerations: If you have other legal cases pending, or certain personal circumstances that would make a trial particularly inconvenient, a plea deal might be your best option.
When You Should Consider Going to Trial
On the other hand, sometimes going to trial may be the better choice. For instance:
- When the prosecution’s case is weak: We’ve said this already, but the core consideration when deciding whether to take a plea offer is whether you think you can win at trial. If their case is weak, then trial might be a good option.
- When the plea deal isn’t worth it: Even if the prosecutor’s case is strong, if the plea deal doesn’t offer you something significant, then the outcome at trial might not be much different than taking the plea. In that case, why not try to win at trial?
- When you want to clear your name: Principle still matters. If you’ve done nothing wrong and have evidence to support your position, then going to trial gives you the opportunity to clear your name.
Final Thoughts
Deciding whether to take a deal is one of the most important decisions you’ll make during a criminal case. It requires thought and should be made very carefully. A skilled and experienced criminal defense attorney is an invaluable ally when making this decision. They can help you evaluate the offer and determine what decision is best to safeguard your future.
Always remember – a plea deal might offer immediate benefits, but they can also come with serious long-term consequences. Make sure you fully understand what you are agreeing to before making a decision that may impact the rest of your life. If you or a loved one find yourself facing criminal charges, you can always contact us here for a free consultation.
