Facing criminal charges can be a frightening experience filled with uncertainty and anxiety. There’s no way to know how your case will unfold and what kind of consequences you’ll have to face.
Throughout your case, you might be given the opportunity to accept a deal in exchange for pleading guilty to a lesser charge or charges. However, if you’re not a lawyer, it’s nearly impossible to know if the deal you’re being presented is good. If you accept the deal, you won’t go to trial. But if you go to trial, juries can be unpredictable, and there’s no way to even guess what they’ll decide. Even if your case seems solid from your perspective, the jury may not see it that way.
So, how can you know if you should accept a plea deal or go to trial? That depends on a lot of factors specific to your case that only an experienced attorney can advise you on. However, here’s a general overview of how plea bargains work, when to accept, and when to fight.
Plea deals are the norm
The first thing to understand is that plea deals are the norm. They’re designed to speed up cases and avoid clogging up the courts with lengthy trials. More than 90% of criminal convictions come from a guilty plea, not a trial. And nearly 98% of those guilty pleas come from plea bargains.
Rejecting a plea deal is possible, but risky. Juries can be extremely unpredictable, and the penalties that come out of a trial can be exceptionally harsh. The entire justice system is set up to favor plea bargains. Not taking a deal can backfire. However, there’s an equal chance you’ll be offered a bad deal. Only an attorney can tell you if a deal is fair.
What a plea deal usually offers
When a prosecutor offers you a deal, it typically comes with specific elements and trade-offs. For example, there’s usually a reduction in charges or dismissal of counts, and in exchange, you’ll plead guilty to fewer or lesser charges. For example, a prosecutor may drop a felony count if you plead guilty to a lesser offense. The result is usually a reduced sentence.
Plea deals often include a prosecutor’s promise to recommend a specific sentence, like a lower term or probation rather than prison. But this recommendation is not binding unless the judge agrees.
The main benefit of accepting a plea deal is certainty. Trials are unpredictable, and a plea gives you control over your outcome rather than leaving it all up to chance. Some deals also include promises outside the legal arena, like recommendation letters for parole, waived enhancements, and exclusion of certain charges that would trigger mandatory minimums.
By understanding what a deal is offering, you can compare it to your best estimate of what might come from a trial. However, that’s something you’ll need to discuss with your lawyer.
When accepting a plea makes sense
Sometimes taking a plea deal is smart. For instance, when the prosecution has overwhelming evidence against you – like witness testimony, video evidence, or strong forensic evidence – going to trial is risky. In this case, a plea can minimize damage.
If your plea deal offers a significantly lower sentence than what you might face at trial, accepting it could secure your freedom, professional credentials, and financial stability. If you’re likely going to face job loss and licensing revocation or regulatory action, avoiding these consequences can be worth sacrificing your right to a trial.
A trial will cost money, time, and drain you of emotional energy, all while dragging on with an uncertain outcome. If the costs outweigh potential gains, a plea can be a smart move.
When a plea might be a trap
Not all plea offers are what they seem. Sometimes they carry hidden risk. For instance, if the prosecution has weak evidence, can’t prove intent, or has serious flaws, you might lose out by pleading guilty before a trial. The prosecution might pressure you into taking a bad deal even harder, knowing they don’t have a strong case.
A plea deal becomes a trap when you don’t fully understand what’s being offered and the consequences of accepting. A defense attorney will spot a potential trap and fight for a fair deal – or take your case to trial.
Don’t make decisions without an attorney
Deciding whether to accept a plea deal or allow your case to go to trial is a key decision. Your future is at stake, so choose your path wisely and heed your attorney’s advice.
