When you face criminal charges in Texas, your life can take an unexpected turn. Regardless of your innocence or guilt, you have the right to defend yourself. The criminal justice system offers various options, including plea bargains. If a prosecutor offers you a plea bargain, don't agree to anything without an experienced Texas criminal defense attorney by your side. While plea bargains can benefit you, prosecutors typically offer terms that favor their interests, not yours.
What is a plea bargain?
A plea bargain (also known as a plea deal) involves an agreement between the defendant and the prosecutor. In this arrangement, the defendant agrees to plead guilty to a criminal charge. In exchange, the prosecutor offers certain concessions. These concessions might include seeking a shorter sentence, reducing the severity of the charge, or dropping some of the original charges.
Accepting a plea bargain means you choose not to take your case to trial. Instead, you effectively plead guilty and accept the allegations against you. After you enter your plea, the judge will determine your sentence.
Once you've accepted a plea bargain, it's challenging to withdraw your plea. However, in some cases, you might enter a conditional plea. This occurs when a judge rules against you in a pre-trial motion, and you want to appeal this ruling without going to a jury trial. If your appeal succeeds, you can then withdraw your plea.
What types of plea bargains exist?
While plea bargains don't come in specific "types," we can categorize them based on the concessions offered. Common concessions in exchange for a guilty plea include:
- Fewer charges
- Shorter sentence
- Less serious offense
- Participation in a diversion program (often for first-time offenders)
Plea bargains might involve other concessions, too, depending on the circumstances. A criminal defense lawyer can help ensure the concessions benefit you, including reduced jail or prison time.
How does the plea bargain process work in Texas?
Prosecutors typically initiate plea bargains early in a criminal case. Before offering a plea bargain, they consider several factors:
- How serious is the crime?
- What evidence exists, and how strong is it?
- How likely are you to commit another crime?
- What does your criminal history look like?
- How much you have cooperated?
A criminal defense attorney might approach the prosecutor about a plea bargain at any point, from when charges are filed to when the jury begins deliberations.
Do courts need to approve plea bargains?
A judge must approve every plea bargain. After you reach an agreement with the prosecution, the judge hears the details. The judge will ask if you're entering the plea voluntarily and confirm you understand that your plea requires you to give up several constitutional rights, including the right to:
- Avoid self-incrimination
- A jury trial
- Face witnesses
- Legal representation (if you don't have a lawyer)
After hearing the plea details and asking these questions, the judge decides whether to accept or reject the plea bargain.
When should I take a plea deal rather than fight the charges in court?
It all depends on the strength of the evidence against you. If the prosecution has strong evidence against you, a plea bargain may result in a less severe sentence than you'd likely receive if convicted at trial. Compare the sentence offered in the plea deal to the maximum possible sentence if convicted at trial.
However, if there is any reasonable doubt that you're guilty of your charges, you may want to fight the charges in court. Even a minor criminal conviction can stay on your record and have a long-lasting impact on your life.
What should I consider before accepting a plea bargain?
Only accept a plea bargain after talking to a lawyer. Facing criminal charges might cause desperation to end the case as quickly as possible, making it tempting to accept the first plea bargain the prosecution offers. However, plea bargains involve negotiation. With help from a skilled Texas criminal defense attorney at The Webb Firm, P.C., you might get a more favorable agreement.
The criminal justice system, despite its flaws, provides options for defendants. You have the right to a defense, whether you're innocent or guilty. Our attorneys can protect your rights and work toward the best possible outcome for your case. We evaluate plea bargains, negotiate better terms, and advise our clients on whether accepting a plea bargain is in their best interest. Protect your rights today by contacting us online or calling one of our law offices in Conroe or Galveston to schedule a free and confidential consultation.
