When criminal defendants face prosecutors with an “open-and-shut” case against them, negotiating a plea deal may represent their best chance of obtaining a favorable resolution. However, plea bargaining has various advantages and disadvantages, highlighting the importance of having an experienced criminal defense attorney on your side.
What Is Plea Bargaining?
A plea bargain is an agreement between prosecutors and a criminal defendant under which the defendant agrees to plead guilty to various charges in exchange for favorable treatment from the prosecution. This may include the dismissal of some charges, a reduction in the grading of charges, or a lighter sentence.
Pros and Cons of Plea Bargaining
Defendants considering negotiating a plea deal with the prosecution should understand all the plea bargaining pros and cons.
Pros of Plea Bargaining
Some of the advantages of negotiating a plea deal with the prosecution include:
- Less Time, Reduced Charges – Under a plea agreement, prosecutors frequently agree to dismiss some of a defendant’s charges or reduce the severity or grading of charges. Alternatively, or in conjunction with dismissed or reduced charges, the prosecution may agree to a sentence below what the defendant would likely receive if convicted at trial. As a result, plea agreements usually lead to less harsh punishment for defendants.
- Certainty – A plea agreement resolves criminal charges and ends the stress and anxiety of waiting to learn the outcome of one’s criminal case. Furthermore, a defendant can retain some control over the case’s outcome by obtaining a lighter sentence.
- Cost Savings – A plea deal saves all parties the time and expense of a criminal trial. For this reason, prosecutors’ offices and trial courts favor plea agreements to help preserve public and judicial resources.
Cons of Plea Bargaining
However, negotiating a plea agreement can have its downsides. The top disadvantages of plea bargaining include:
- Waive the Right to Make a Defense – By pleading guilty, a defendant admits having committed the crime and may permanently waive their right to contest any part of the prosecution’s case or later assert their innocence in a direct appeal or post-conviction proceedings.
- Judge Can Reject – In a plea deal, the prosecution merely makes a sentencing recommendation to the trial court, which retains the ultimate authority to impose a sentence. Thus, a defendant who pleads guilty risks a scenario where the trial court rejects the prosecution’s sentencing recommendation. However, such a situation rarely occurs as courts want to incentivize defendants to admit guilt through favorable plea deals. If the court rejects the prosecutor’s recommended sentence, the plea agreement is not binding on the defendant, and the parties can renegotiate for a different deal or proceed with a trial.
- Can Wind Up Serving Full Sentence if the Defendant Doesn’t Comply with Terms – A plea agreement may impose various sentencing provisions and conditions on a defendant, such as probation. A defendant who breaches the terms of their plea deal risks serving a much longer prison term.
Contact Broden & Mickelsen, LLP for Individualized Attention
Following an arrest in Texas, negotiating a plea agreement with prosecutors may give you the best chance of obtaining a favorable resolution to your criminal case. An experienced Texas criminal defense attorney can advocate on your behalf and fight to minimize the consequences of an arrest and conviction. Contact Broden & Mickelsen, LLP today for a free and confidential consultation with a criminal defense lawyer to discuss your options for seeking a plea deal or mounting a defense to the charges against you.
