Plea bargaining is essential for the functioning of the criminal justice system. In Texas, as in other jurisdictions, there simply aren’t enough resources to handle every felony criminal accusation with a full trial by jury. Plea deals help avoid trials, though they come at a cost for defendants and prosecutors.
A Basic Plea Bargain Situation
Defendant X is charged with assault under Texas law. Based on a prior incident and the circumstances of the most recent arrest, the prosecutor charges the Defendant with a felony of the second degree. Then, the prosecutor offers to change the charge to a lesser offense if Defendant X agrees to plead guilty.
A guilty plea saves the prosecutor the difficulty, expense and uncertainty of a full trial. Defendant X benefits from the lighter penalties associated with the reduced charge. Both sides get something they want, and fewer resources are expended to reach the final result.
The Undeniable Pressure of the Bargaining Process
Nearly everything about the criminal justice system is intimidating for someone accused of a crime. Law enforcement, prosecutors, judges and courtrooms are usually unfamiliar for people outside of the legal profession. For these reasons, plea bargaining calls for the assistance of an experienced criminal defense attorney.
It’s difficult, if not impossible, to judge the merits of a plea deal without extensive experience. You need to balance the value of the offer against your chances of getting an even better outcome if your case goes to trial.
Important Things to Know When Considering a Plea Deal
When you’re facing the possibility of months or years behind bars, making the right decision is vital. Your lawyer can help you through the pressure by providing the information you need. Many times, you will accept a plea deal. Here are two things to know about accepting it.
You Won’t Have the Option of Being Acquitted
If the evidence is on your side, agreeing to a conviction for a lesser offense is still an undesirable outcome. A finding of not guilty or a total dismissal of the charges is the perfect result. Agreeing to a plea deal closes that option.
The Deal is Not Final Until the Court Accepts It
Prosecutors can make you an offer of reduced charges. They can offer to make a recommendation to the court of a lesser sentence. But they cannot force the court to accept their offer. The court has the power to reject any deal reached between the prosecution and the defendant.
The Most Common Path to Conviction
In federal criminal cases, the vast majority of cases end in a plea bargain. The pressure to accept a deal is overwhelming in most cases. Some people consider this state of affairs to be unjust. Fair or not, this is the reality. You need a skilled attorney to protect your rights.
At Lee & Wood, GP, our Texas criminal defense team has extensive knowledge of the law and court system. We can handle even the most complex felony cases. If you have been arrested or charged with a crime, call us at 817-678-6771 or contact us online today.