Questions to Ask a DEA Attorney Before Accepting a Drug Plea Deal

Questions to Ask a DEA Attorney Before Accepting a Drug Plea Deal

Getting charged with a federal drug crime can be scary. The penalties are harsh, and the feds have a ridiculously high conviction rate. Like over 90%! If your being offered a plea deal, you’ll probably want to take it to avoid trial. But hold up! There’s some important stuff to go over with your lawyer first.

Here’s the key questions to ask so you can make an informed decision:

What are the charges and potential penalties?

First things first – find out exactly what your being charged with and what kind of time your facing. Is it a misdemeanor or felony? How much prison time is on the table? Fines? Supervised release? You need all the details so you know what your up against.

The feds throw the book at drug defendants. Even low level guys can face 10, 20 years or more. It’s nuts. Mandatory minimums and sentencing guidelines make it so judges don’t have much flexibility either. Be sure your lawyer gives it to you straight.

What’s the deal being offered?

OK, so you know the worst case scenario. Now find out the details of the deal there offering. Is it pleading guilty to lesser charges? A sentencing recommendation? Dismissal of charges? How much less time will you face versus going to trial and losing?

Make sure you understand exactly what your getting and how it compares to the maximum penalties. Your lawyer should walk you through the pros and cons. Don’t be afraid to ask lots of questions so you get it.

What are my chances at trial?

This ones huge. To decide whether to take the deal or go to trial, you need to know what your up against. Be blunt with your lawyer – what are my chances here? How strong is the government’s evidence?

They’ll go over the witnesses, physical evidence, surveillance, statements you made, etc. Get a sense of how its looking. Do they have an airtight case? Or are there weaknesses we could exploit? You want the straight scoop.

Keep in mind the feds win at trial all the time even with shaky evidence. But if your case has problems, its something to think about.

What are the consequences if I lose at trial?

OK, the chances of winning at trial don’t look so hot. But before taking a deal, you need to understand what happens if you roll the dice and lose.

Will you get hammered at sentencing? Prosecutors often recommend max penalties when someone turns down a plea. Judges tend to punish defendants who “waste their time” with a trial too.

So the plea deal might be 5 years, but if you lose at trial your looking at 20 years or more. That’s a scary proposition and something you need to have eyes wide open about.

What are the collateral consequences?

Federal drug convictions don’t just mean prison time. There’s other penalties that could really mess up your life.

For example, a felony conviction means no more voting and jury duty. It makes finding a job really hard too. You might not qualify for public housing or student loans either. Oh, and you can forget about owning a gun. Lame!

If your not a U.S. citizen, a drug conviction can get you deported. Even if you are a citizen, your passport could be revoked. Talk about a buzzkill!

The point is, make sure you understand all the consequences before signing off on a plea deal. Theres a lot more to it than just the sentence.

Will I have to snitch on people?

Cooperating with the government is part of many plea deals. They’ll want you to share information about suppliers, customers, or other people involved.

The problem is this can put you and your family in danger. People get really pissed when they find out you’ve been snitching. Violence or threats aren’t uncommon.

So if the plea requires cooperation, think hard about whether its worth the risk. And don’t downplay the potential consequences – talk it over with your lawyer realistically.

Can I get a better deal?

Never be afraid to push for a better offer. Skilled lawyers negotiate plea deals all the time. So if what their offering seems harsh, tell your attorney.

Maybe they’ll lower the charges or agree to a sentencing recommendation on the lower end of the guidelines. It never hurts to ask! The government wants to avoid a trial too, so they have incentive to bargain.

Just don’t be unrealistic. And if your lawyer says the offer is already favorable, listen up. They know what typical deals look like in your jurisdiction.

Should I ask for a deferred prosecution or diversion program?

Many federal districts let first time, low level drug offenders enter a special program instead of pleading guilty. It’s like probation – if you stay out of trouble, the charges get dismissed.

This avoids the devastating consequences of a conviction. But you have to meet the qualifications, which are usually pretty strict. Talk to your lawyer about whether its an option.

Diversion programs are great deals when you can get them. Totally worth asking about!

What’s it like to serve time in federal prison?

If the plea involves serious prison time, get the inside scoop on what federal prison is like. Some key questions:

• Where will I serve my time? How far from home?
• What’s the population like? Violent offenders?
• How much time will I spend in solitary confinement?
• What privileges and recreation are allowed?
• Can I get drug counseling or education classes?

The more you know, the better you can prepare mentally, emotionally, and logistically for doing time. Don’t be scared to ask questions.

Should I take the deal?

OK, you’ve gotten the facts. Now the million dollar question – should you take the deal or go to trial? This is obviously a super personal decision with huge stakes.

Your lawyer will give their best advice based on experience and an objective view of the case. Listen closely to what they recommend and why. But the final call is 100% yours.

Carefully weigh the risks and rewards of pleading versus a trial. Consider the impact on your life, family, and future. This will be one of the biggest decisions you’ll ever make.

Oh, and don’t rush! Take your time and go over everything until your at peace with your choice. Your future depends on it!

Conclusion

Deciding whether to accept a federal drug plea deal is tough. But asking the right questions up front helps you make an informed choice. Discuss the charges, penalties, plea terms, chances at trial, consequences of losing, cooperation, prison time, and any options to negotiate. Consider all factors carefully, then make the best decision you can. Good luck!

References

Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System

Only 2% of federal criminal defendants go to trial, and most who do are found guilty

Demographic Differences in Sentencing

Overviews of Federal Criminal Cases Fiscal Year 2016

BOP: Learn About Facilities