Learn when a plea bargain might help or hurt your criminal case in Houston
A plea bargain is a common approach to resolving criminal cases without the need for a lengthy trial. In this process, the prosecutor and defense attorney negotiate an agreement, allowing the defendant to avoid having their case decided by a jury.
Defendants often consider plea bargains for several reasons. One major factor is the uncertainty of going to trial, where the outcome lies in the hands of a jury. Additionally, if convicted, the sentencing is left to the discretion of the judge, which can carry significant risks.
At its core, a plea bargain is a compromise between the defendant and the prosecutor. The success of this negotiation often depends on the skill and effort of your criminal defense attorney in securing the best possible deal.
In this article, we delve into the pros and cons of plea bargaining to help you better understand the process.
Overview of the Plea Bargain Process
Under Texas law, the defendant initiates the plea negotiation process, which means that it’s crucial for a defendant to be represented by an experienced criminal defense attorney.
There are really 3 overarching bargaining areas that come into play during the plea negotiation process. In exchange for entering a plea in a criminal case, a defendant will receive one or another of these considerations:
- Change in the underlying charge
- Lower sentence recommendation
- Fact bargaining
For someone facing criminal charges, the main goal of negotiations is usually to get a better deal and reduce the punishment. Most people just want to avoid harsher penalties and end their case with the least severe consequences possible.
Advantages to Plea Bargaining
So, why is plea bargaining good? A successfully negotiated plea bargain could allow you to have these positive outcomes:
1. Clear up the uncertainty in your case. Some defendants want to remove the emotional pressure associated with going to trial. However, as the defendant, you may have less leverage after an indictment and greater leverage closer to the trial date.
- Although you may face additional risks, there are potential rewards to the strategy. You and your attorney have the opportunity to review the case evidence and investigate witnesses.
- You also have the opportunity to file motions regarding the exclusion of evidence or impeach certain witnesses.
- This strategy can result in a reduced plea offer. Again, the more work the criminal defense attorney puts into challenging the prosecutor’s case, the better the plea offer may be down the road.
2. Avoid publicity. Even if you’re not famous, a criminal trial can perk up the ears of others in your community.
- A criminal trial can bring added embarrassment to you and your family members.
- A plea bargain may be a matter of public record, but it’s short-lived news when compared to a trial.
- Your background may be probed and investigated less by prosecutors as a result. This could be an important consideration if you’re concerned about the prosecutor’s identification of other potential crimes.
3. Fewer (or less serious) offenses on your record.
- The decision to plead guilty (or no contest) may reduce the total charges or result in a reduction of the charge’s seriousness.
- The possibility of receiving the maximum sentence for the offense is greatly reduced.
- Reduction of a charge from a felony to a misdemeanor can help you in the future. If you’re convicted of a felony, a future employer might choose not to hire you. You could forfeit licenses or certifications if you’re convicted of a felony charge.
- A felony conviction may be used to discredit you in later criminal or civil proceedings.
- A felony conviction means you can’t own a firearm.
- A felony conviction means you could lose your right to vote.
- If you’re facing a “three strikes” law, it may be advantageous to reduce a felony charge.
- If you lose the trial, you might face more serious convictions in the aftermath. This may be important if you’re convicted at some point in the future. For instance, if you’re convicted of a second DUI, you face jail time. If a first offense was bargained to a reckless driving charge, you might not face jail if a second DUI conviction occurs later on.
4. Lessen the judge and prosecutor’s caseload. This fact can work in your favor. Judges and prosecutors are overburdened, and by accepting a plea bargain, they more quickly and efficiently move the defendant’s case through the criminal justice system. Your trial could take a few days, weeks, or even months to conclude.
- Similarly, the prosecutor’s case load is heavy. They don’t have the resources of a private criminal defense attorney. Negotiating a plea bargain lightens their case load.
- Negotiating a plea bargain provides a benefit to society. A lighter case schedule helps the criminal justice system to operate more effectively.
5. Less socially offensive charge on your record. A plea bargain can help you resume your place in society.
- For instance, a prosecutor might reduce a stigmatizing rape or molestation case to assault.
- Realize that your friends and family’s opinions of you can change if you’re convicted of a socially offensive matter.
- You could also be at higher risk of being hurt or killed behind bars if you’re convicted of a socially stigmatizing charge.
6. Possibly get you out of jail. If you’re held in custody because you were denied bail, couldn’t afford it, or weren’t released on recognizance, you might get out of jail after the judge accepts the plea bargain.
- Depending on the specifics of the offense, you might get out on probation, with/without community service, or get out of jail altogether.
- If you have to serve additional time, you might get out sooner than if you insist on going to trial.
7. Keep other defendants out of the case. Occasionally, a defendant accepts blame for another person or persons to end the case. This action protects others from the prosecutorial investigation.
8. Avoid hassles. Some defendants decide that a “routine” or “minor” first offense isn’t worth going to trial. For all the reasons listed here, think again. It’s always the best course to protect your record.
9. Save time. Negotiating a plea bargain will expedite the judicial process.
10. Save money on legal fees. Trials are expensive. It’s almost always less expensive in dollars and cents to negotiate a plea bargain.
11. Allow you to plead to lesser charges than those originally contained in the criminal complaint or indictment. Reduced charges can result in your being moved from prison to jail. This may be perceived as positive or negative.
12. Possibly allow you to receive coverage for crimes—without the risk of additional punishment.
- For example, if a defendant is charged with multiple murders, a criminal defense attorney might negotiate a plea deal involving a single murder.
- If a defendant faces 10 counts of burglary, a prosecutor might offer to drop the charges to a single count of burglary if the defendant pleads guilty. The defendant might accept the plea deal because the sentence is shorter and they may become parole-eligible sooner. The defendant could be found guilty of all 10 counts and face greater punishments.
13. Use experts to support the plea process.
- Some difficult cases result in advantageous plea deals because the criminal defense lawyer engages experts to explain the defendant’s conduct.
- For instance, an expert could be engaged to explain the reasons for the defendant’s aberrant criminal conduct and support the premise that the client doesn’t pose a continued danger to the community.
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Disadvantages to Plea Bargaining
There are some negatives of plea bargaining to be aware of as well:
- Defendants are sometimes pressured into waiving the constitutional right to trial. In some cases, the defendant risks going to jail for a crime they didn’t commit.
- The defendant gives up the right to a potentially vindicating “not guilty” verdict.
- Negotiating a plea bargain might lead to poor case investigation and preparation.
- You might be tempted to negotiate a plea deal because you believe it costs too much to mount a vigorous defense of your innocence.
- The prosecutor’s case might be weak, thereby prompting them to extend a plea offer.
- Prosecutors sometimes offer plea bargains to extend a case against the co-defendant. The prosecutor wants one of the co-defendants to testify against the other. This assures the prosecutor that they will get at least one conviction, even if it’s on a lesser charge.
Additionally, a criminal defendant needs to understand that by entering into a plea agreement, they are waiving virtually all rights to appeal the case. There may be some highly limited grounds upon which to pursue an appeal, but overall, appealing is not possible.
New task force report sets guidelines for more transparent plea bargaining
A report by the Plea Bargain Task Force, convened by the Criminal Justice Section of the American Bar Association, has revealed that plea bargaining has become the predominant method for resolving criminal cases in the U.S., accounting for nearly 98% of convictions.
Though plea bargaining offers benefits like efficiency and cost savings, the report emphasizes that the practice is often unjust and lacks transparency, highlighting issues such as unchecked police and government misconduct, coercive incentives, and the frequent occurrence of innocent people pleading guilty.
Because of this, the task force set forth 14 guiding principles to create a more equitable and transparent plea-bargaining process. These principles include:
- Promoting transparency through active trials and litigation,
- Avoiding coercive incentives,
- Eliminating the “trial penalty,” in which defendants often receive harsher sentences after trial than they were offered pretrial,
- Ensuring charges are not used to induce or punish defendants, and
- Implementing robust procedures to ensure pleas are actually voluntary.
Additionally, the report argues against using bail or pretrial detention to impel guilty pleas and emphasizes that defendants shouldn’t be forced to waive certain essential rights.
The report acknowledges that implementing these recommendations may necessitate amending current laws, regulations, or procedures and suggests that state courts could interpret their constitutions to provide greater protections during plea bargaining. Some issues could also be resolved through ethical rules applied to judges and lawyers.
High-profile plea deal in Texas
In one of the most famous plea bargaining cases in the state’s recent history, Texas Attorney General Ken Paxton reached a pretrial agreement in March 2024 that dismissed the nearly 9-year-old securities fraud case against him.
According to The Texas Tribune, as part of the plea deal, he agreed to complete 100 hours of community service, take 15 hours of legal ethics courses, and pay $271,000 in restitution.
The deal, struck just weeks before his trial, spared Paxton the possibility of decades in prison and the risk of losing his ability to run for office as a convicted felon. The case involved allegations that Paxton solicited investments without disclosing financial ties to the company and referred clients to an investment advisor without proper registration.
Without the agreement, Paxton faced first-degree felony charges that could have resulted in a lengthy prison sentence and significant fines. This resolution allowed Paxton to avoid entering a guilty plea or admitting wrongdoing, with his attorneys framing the case as a politically motivated prosecution.
However, the agreement came with strict conditions, including restitution payments to his alleged victims, which must be fulfilled within 18 months, or the case could resume. This outcome underscores Paxton’s continued ability to navigate high-profile legal and political scandals while maintaining his political future.
Should You Consider a Plea Bargain?
Successful plea bargain negotiation requires skill. It may be important to convince the prosecutor that you want to go to trial. If the criminal defense attorney has previously won very challenging trials, the prosecutor may be more inclined to accept a favorable plea deal to avoid a trial loss.
Realize that a plea bargain brings greater possibilities that you’ll be found guilty. According to statistics, 90% or more of criminal convictions result from negotiated plea deals. About 10% of cases go to trial.
In addition, recognize that if you’ve already reached an agreement with the prosecutor, the criminal court isn’t required to accept it.
The court is required to approve the agreement. The judge wants to know if you understand the terms and charges and accept the waiver of rights.
Ultimately, the decision to accept a plea bargain isn’t easy. It depends on the facts of the case, your finances, and the proposed plea deal offer.
Should You Accept a Plea Bargain or Go to Trial?
A trial is your constitutional right. If you proceed with the support of an experienced criminal defense attorney, you have the chance of acquittal. If acquitted, the charge won’t appear on your criminal record.
If you plead guilty or no contest, you’ll have a criminal record—possibility for the remainder of your life. You might not have the opportunity to expunge the conviction after you serve the punishment. If the conviction is expunged, some government agencies or individuals with a court order have access to your record.
The incentives to plea bargains are somewhat complex. Negotiating a plea deal doesn’t rely on whether you’re innocent or guilty. This reality can be distasteful to many defendants.
Knowing your odds of a trial victory can help you make the appropriate decision. Take your attorney’s advice about the potential outcome of your trial, but realize it’s your decision to make. An ethical criminal defense attorney can’t make the decision for you.
Get Help from an Experienced Texas Criminal Defense Attorney
The best way to protect your rights and navigate the plea bargaining process if you’ve been charged with a crime is by hiring an experienced Houston criminal defense attorney.
During an initial consultation, you’ll have the chance to ask important questions and receive a preliminary evaluation of your case, giving you clarity on your next steps. By working with a skilled lawyer, you’ll gain a strong advocate who can guide you through the complexities of your case and help you make informed decisions about your future.
