A plea deal, also sometimes referred to as a plea bargain, is an agreement between the prosecution and the defense in a criminal case. In a Texas criminal case, it allows the defendant to plead guilty or “no contest” to a charge in exchange for some benefit, such as a reduced charge or a lighter sentence.
The purpose of a plea deal is to resolve the case without going to trial, which can save time and resources for both parties. However, accepting a plea deal is a serious decision with long-term consequences, so it’s critical to understand what it means before agreeing to one. Keep reading to learn more.
How Plea Bargains Work in Texas
Texas law allows prosecutors and criminal defense attorneys to negotiate plea agreements in nearly every criminal case, from misdemeanors to serious felonies.
The process typically begins after the evidence is exchanged between the two sides. Once the prosecutor evaluates the strength of the case, they may offer a plea deal instead of pursuing a trial. The defense lawyer then reviews the offer with their client, explaining the pros, cons, and potential consequences.
If both sides agree, the plea must still be approved by a judge.
The court will make sure that the defendant:
- Understands the charges and possible penalties
- Is entering the plea voluntarily
- Is mentally competent to make the decision
Only after these conditions are met will the court accept the plea and enter a conviction based on the agreed terms.
What Types of Plea Deals Are There?
There are several primary types of plea bargains that may be offered in criminal cases, depending on the specific facts and severity of the charges, including:
- Charge bargaining: You agree to plead guilty to a lesser offense. For example, a felony may be reduced to a misdemeanor, or a DWI charge may be reduced to reckless driving.
- Sentence bargaining: You plead guilty to the original charge in exchange for a lighter sentence, such as probation instead of jail time.
- Fact bargaining: You agree to admit certain facts in return for the prosecutor omitting others that could increase your punishment.
Your lawyer will evaluate which type of plea deal (if any) is in your best interest based on the overall facts and circumstances of your case. However, the decision of whether to accept one is ultimately yours in the end.
Advantages and Disadvantages of a Plea Deal
Plea deals can have significant advantages, but they also come with trade-offs. Understanding both sides is essential before making a decision.
Advantages include:
- You may receive a reduced sentence or a lesser charge.
- You can avoid the uncertainty and potential expense of a trial.
- The process resolves your case faster, allowing you to move forward with your life.
Disadvantages include:
- You give up your right to a trial and appeal in most cases.
- A conviction could still appear on your criminal record.
- You may face collateral consequences, such as losing certain rights or affecting employment.
For some defendants, accepting a plea deal is often the best available option. For others, it may be better to fight the charges at trial. A skilled Texas criminal defense lawyer can help you weigh these options carefully.
What Rights Do You Give Up if You Accept a Plea Deal?
When you accept a plea deal in Texas, you must understand that you’re waiving several important constitutional rights.
These include:
- The right to a trial by jury
- The right to remain silent
- The right to confront and cross-examine witnesses
- The right to challenge the evidence presented against you
Texas courts take great care to ensure that any plea is made knowingly and voluntarily, as alluded to above. The judge will ask questions in court to confirm that you fully understand what you’re giving up.
What Factors Influence Plea Negotiations?
No two plea deals are exactly alike, as each case involves a unique set of facts and circumstances.
The outcome of your negotiations depends on a variety of factors, such as:
- The strength of the evidence against you
- The severity of the alleged offense
- Your prior criminal history
- Whether the case involves aggravating factors
- Your background
- The prosecutor’s policies and willingness to negotiate
- Your cooperation with law enforcement
- Whether any mitigating factors are present
A lawyer will use these factors to argue for the most favorable terms possible under the law as it applies to your case.
Contact a McKinney Criminal Defense Lawyer at Texas Defense Firm for an Initial Consultation
If you’ve been charged with a crime in Texas, you may be offered a plea deal early on in the process. However, before agreeing to anything, call (972) 369-0577 for a consultation with a qualified McKinney criminal defense attorney at Texas Defense Firm. We can help you evaluate the full range of your options.