Question 1

What Is A Plea Deal And How Does It Typically Work In Texas?

Accepted Answer

A plea deal is an incentive for you to take responsibility for the criminal case against you. In exchange for your pleading guilty, the prosecution may offer you less jail time or a shorter amount of time on probation. This helps keep your case out of trial and keeps the state of Texas from having to file motions, call witnesses, and spend time preparing for and trying your case in court.

Generally, the State will start the negotiations off by making you their first offer. Your criminal defense attorney will convey this offer to you and then you both will decide whether to accept the offer or make a counter-offer. Both sides will go back and forth either at that court setting or over the course of a few court settings. At some point, you and your attorney would decide whether to accept the deal and its terms or head to trial.

At least 95% of cases are resolved through plea bargains. That said, there are a few key things to consider when you are deciding whether or not to accept a plea deal:

What is the offer, and what would it mean for you, practically?
Is the offer fair and reasonable?
Does your attorney have a strategy going into trial that could benefit you more than a plea deal?
Could you potentially get a better deal from a jury, even if they convict you?
It’s important to know the facts of your case, know the judge and the prosecutors, and know the sentiments and leanings of the people in the county where you are going to be tried. Juries from a given county may punish you more severely for the exact same crime than a jury from one county over.

Question 2

What Are The Greatest Benefits Of Accepting A Plea Deal In Tarrant County, TX?

Accepted Answer

Accepting a plea bargain helps you retain control of negotiations, reduces the risks you’d take by allowing a jury of strangers to decide your guilt or innocence, and allows you to know what you are walking away with.

You get to know exactly what your jail sentence will be, and if you plead to probation, you can avoid jail altogether, assuming you successfully complete probation. You get to decide if you believe an offer is fair and reasonable, and for many people, this is less risky than a trial where they could get jail or prison time, or a longer probation, depending on the case and your priors.

Remember that while a jury could possibly find you innocent, they could also find themselves unconvinced by evidence in your defense, resulting in far worse consequences than what a plea deal had offered you. A plea deal, in contrast, gives you certainty and a degree of control.

Question 3

What Is The Greatest Risk Involved When Accepting A Plea Deal For Criminal Charges In Texas?

Accepted Answer

Accepting a plea deal will require you to plead guilty to at least one charge – and once you plead guilty, you waive your right to appeal. In order to accept a plea deal, you must admit guilt for no other reason than that you are guilty of the charges on the table.

In some cases, depending on the circumstances of your case, the evidence against you, or the lack of evidence against you, going to trial may be more beneficial than accepting a plea deal. If the prosecution is not able to prove to a jury beyond a reasonable doubt that you are guilty, this could work in your favor.

Be aware, however, that there is no guarantee a jury will find you innocent, nor can any lawyer truthfully promise you that a jury will find you innocent. For many clients, the benefits of plea deals far outweigh the risks of placing your future in the hands of a jury.

Question 4

Are Plea Deals Final, Or Can I Change My Mind After I Accept An Offer?

Accepted Answer

Plea deals are final. When you plea, you waive your right to appeal and cannot contest the penalties you face as a part of that deal at a later time. While you might be able to appeal a judge’s decision on pretrial motions, plea deals are not up for appeal once you plead guilty and agree to them.

Should you go to trial and lose, you and your attorney can file an appeal of the judge and jury’s decision, though whether you win on appeal will be up to a group of judges on the court of appeals who will review what happened at trial and whether you obtained a fair trial. Most cases do not get overturned on appeal, so just because you can appeal, does not mean you are going to be successful on appeal.

Question 5

What Factors Influence Whether My Criminal Lawyer Is Able To Negotiate A Good Plea Deal?

Accepted Answer

Plea deal negotiations are impacted by whether the prosecution can prove the case against you and whether they feel that they should try to prove the charges against you. The first factor boils down to the evidence against you, the presence of witnesses, whether you confessed, and whether a jury would likely be swayed by this evidence.

The second factor relates to the severity of your crime. If you are charged with the possession of a small quantity of a controlled substance or a non-violent offense, for instance, the prosecution may feel it is more worthwhile to offer you a deal that you and your attorney can work with. In the case of a violent crime, however, the prosecution is more likely to try to prove the charges against you in court and will be less willing to negotiate a good deal on a plea deal.

Question 6

What Qualities Should I Look For In A Defense Attorney For Plea Deals In Tarrant County, TX?

Accepted Answer

A good attorney will never tell you to plead guilty to charges if you have told them you are innocent of those charges. Make sure the attorney you hire is on your side and a fighter. You don’t want a lawyer who will simply shrug, urge you to take the first deal offered, and put minimal effort into defending you or getting you the best deal possible. On the other hand, if your attorney is promising you that a jury will find you innocent, find a different lawyer as soon as possible. No lawyer can ever actually predict how a jury will rule, and it’s better to hire a lawyer who is more ethical and more honest.

It’s important to be comfortable with your attorney, to trust your attorney, and to be open and honest with them as well. You should feel comfortable sharing your thoughts, feelings, and concerns with your defense lawyer and then feel comfortable trusting their advice. Based on that advice, you must then make the best decision for you, for your loved ones, and for your future.

Question 7

What Should I Do If I’m Worried That Accepting A Plea Deal Will Leave Me With Lasting Regret Or Stigma?

Accepted Answer

These are important matters to discuss at length with your attorney and your close loved ones. Talk at length about the risks of going to trial as well as the risks of accepting a plea bargain. It is important to be well-informed and to be aware that, yes, you could face regret and stigma if you accept a plea deal and plead guilty in the process.

Firstly, do you feel the offer is fair and reasonable? If so, and if you agree to the deal, your attorney can help you work to get ahead of possible negative consequences of pleading guilty to the given charges. These are important conversations to have with your lawyer. Be sure to share what you are feeling and talk at length with your attorney about your options, rights, and the benefits of accepting a plea deal versus heading to trial.

A good lawyer will work with you to get you the best possible outcomes for your case, make sure that you understand your options clearly, and fight for your rights tirelessly, professionally, and ethically.

Question 8

Still Have Questions? Ready To Get Started?

Accepted Answer

For more information on The Pros And Cons Of Accepting A Plea Deal In Tarrant County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 660-7601 today.

The Pros And Cons Of Accepting A Plea Deal In Texas: An Overview For Residents Of Tarrant County