What is a Plea Bargain?

In criminal law, a plea bargain is where a defendant pleads guilty to a lesser charge in exchange for the state dropping a greater charge or else pleads guilty to the original charge in exchange for a lighter sentence than the defendant would receive if convicted at trial.

Few experiences in life are more stressful than facing trial for a criminal case. First, you watch every reaction on the jurors’ faces as they see all the exhibits and hear the witnesses answer every question. Then the jurors go away to deliberate, sometimes just for a short time, but sometimes for multiple days. If the jury returns a guilty verdict, you do not immediately go on to beginning your sentence and getting through it one day at a time. Rather, you must wait for the judge to hand down a sentence. Whether or not your charge carries a mandatory minimum sentence, there is a sentencing range for most criminal offenses, meaning that you must remain in suspense until your sentencing hearing, wondering whether you will get out of prison next year or not until so much time has gone by that your children are much taller than they were in the most recent picture of you together. In this context, it makes more sense why more than 90% of defendants plead guilty. Pleading guilty does not always mean quietly resigning yourself to your fate, though; many guilty pleas occur in the context of a plea deal. The Fort Worth Criminal Defense lawyers at the Law Office of Kyle Whitaker can help you negotiate a plea bargain that will reduce your criminal penalties if you choose to plead guilty.

How Do You Get a Plea Bargain?

A plea bargain is the result of negotiations between your criminal defense lawyer and the prosecution. Criminal trials cost taxpayers’ money, so it is in the interest of the state to resolve as many criminal cases as possible without going to trial. The prosecution may offer to drop some of your charges if you plead guilty to just one. They might also reduce your charges, such as by charging you with drug possession instead of possession with intent to distribute if you plead guilty. Instead of reducing the charges, the prosecution might agree to seek the lightest possible sentence; you might be able to avoid prison time unless your charge carries a mandatory minimum prison sentence.

Should You Accept a Plea Bargain if the State Offers You One?

Most defendants accept plea bargains; probation is better than prison, and a short prison sentence is better than a long one. No one can force you to take a plea deal. If you believe there is reasonable doubt about your guilt, you have the right to go to trial. Some plea bargains require defendants to testify against their co-defendants, and therefore, some defendants reject plea deals because they refuse to testify against their friends and relatives.

Contact the Fort Worth Law Office of Kyle Whitaker About Criminal Defense Cases in TX

If your best hope in your criminal case is a fair plea deal, you need a criminal defense attorney. Contact the Law Office of Kyle Whitaker in Fort Worth, Texas, to discuss your case.