Should I accept a plea agreement in my federal criminal case?

| by Max Soni

Last Updated on: 30th August 2023, 05:32 pm

Plea bargains are agreements between a defendant and a federal prosecutor. In this agreement, the defendant pleads guilt in exchange for reduced charges, or to get a lighter sentence. These agreements provide benefits to everyone. For the prosecutor assigned to the case, they can resolve the case without the time spent on a trial. For a defendant, it means they will get a lighter sentence, or have charges reduced/dismissed.

Plea bargaining in federal criminal cases aren’t the same as getting a plea-deal in state cases. There are different laws, and considerations, when it comes to federal criminal cases. Federal judges also have wide discretion when imposing the sentence. In state criminal court cases, the plea agreements are often done orally, and then put on the record with waiver of rights form being the only written record of the terms.

Federal criminal cases which are being handled by plea agreement feature length written documents. These documents are extremely detailed, and contain a lot of information about the admissions the defendant is making, the rights the defendant/government are giving up, and the agreement of both parties to the sentencing, and other information about the case.

Federal plea deals aren’t always the final word. Defendants need to understand that the sentencing ranging which is agreed upon by federal prosecutors is only a recommendation to the judge.

If you’re wondering whether to accept the plea agreement or night, it all depends on your criminal charges and whether you can win at trial. Deciding whether to go to trial or accept a plea deal can be very difficult. Most criminal cases don’t go to trial. They are usually resolved via plea bargains. Does this mean you should accept a plea bargain and avoid going to a trial? Well…the answer is – it depends. Just because most cases are resolved through plea bargains doesn’t mean you should accept a plea deal and avoid going to trial.

In order to determine whether you should accept a plea deal or not, you should speak to a qualified Federal criminal lawyer.

Here are some factors you may want to consider when looking at a potential plea offer from a prosecutor

• Discuss the plea deal thoroughly with your attorney. Have an exhaustive conversation and leave no stone unturned. This is important so you feel comfortable with what you’re about to do.  Your federal lawyers will help you understand the terms, possible criminal sentences, and how it can impact your case. The professional perspective of your federal defense attorney is crucial, especially in trying to understand the pros and cons of the plea deal.
• You want to consider the evidence against you, and how likely you are to be found guilty – if you go to trial. A plea deal may be better than risking a guilty verdict and being sentenced harsher sentence. You want to take into account all of the evidence against you. Don’t be overconfident. Make sure you’re doing a correct count of the evidence and how harmful or helpful it is.
• Look at the benefits – a plea agreement may result in some charges being dropped or reduced, leading to less jail time. Your plea deal gives you more certainty rather than leaving your fate up to a judge.
• Weigh the costs of taking the plea deal – you will have to admit guilt and there may be limits placed on your appeal rights. There are lifelong ramifications of taking a guilty plea. Consider the impact a guilty plea could have on your personal and professional life – things like your right to vote, right to bear arms, could all be impacted if you plea guilty.
• Get a second opinion by consulting with another federal defense lawyer if you don’t feel confident in the advice you’ve gotten from your criminal lawyer. Their outside perspective may be helpful. It’s super helpful to speak to a variety of lawyers.
• Consider how going to trial could impact you and your family emotionally, physically, and financially versus accepting a plea.

The choice of whether you take a potential plea is yours alone. Do not let anyone force you, including your lawyer or family member. You should consult with everyone, but take your own advice always. Carefully weigh the plea offer, trust yourself, and determine what is in your best interests legally and personally.