I have been offered a plea bargain instead of going to trial in federal court. Should I accept the plea bargain?

It is impossible to provide a general answer to this question, although most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things are:

  • Do you understand all the consequences of the plea bargain?
  • Do you have confidence that your lawyer is acting with your best interest in mind?

Some things to make sure you understand before accepting a plea bargain in federal court:

  • What will you be admitting to?
  • Does the plea bargain provide for a specific sentence?
  • Do you fully understand how the sentencing guidelines will affect your case and whether you will be eligible for a downward departure or subject to an upward departure?
  • Are there any mandatory minimum sentences that apply to your case?
  • If you are not a United States citizen, will the plea bargain affect your ability to remain in the United States?
  • If there will be a sentence of confinement, do you understand how supervised release works?
  • Are you waiving your right to appeal the application of the sentencing guidelines, or will you be able to appeal how the trial judge applies the guidelines?