Questions to Ask Before Accepting a Plea Deal in Washington DC

Questions to Ask Before Accepting a Plea Deal in Washington DC

Getting arrested can be scary. The legal system is complicated. Prosecutors will often offer plea deals to avoid going to trial. This article will discuss key questions to ask before accepting a plea deal in Washington DC. I’ll go over pros and cons of plea deals, defenses, and laws. My goal is to empower you to make the best decision for your situation.

What is a Plea Deal?

A plea deal is an agreement between the prosecution and defense. You plead guilty to a crime in exchange for a more lenient sentence. The judge usually accepts plea deals. They help prosecutors avoid lengthy trials.

There are a few main types of plea deals:

• Charge bargaining – Plead guilty to a less serious charge
• Count bargaining – Plead guilty to fewer charges
• Sentence bargaining – Agree to a certain sentence length

Pros of Accepting a Plea Deal

There are some potential benefits to plea deals:

• Avoid trial and guaranteed conviction
• Lesser charges mean lower sentences
• Save time and legal expenses of trial
• Get out of jail quicker with reduced bail
• Deportation may be avoided for some crimes
• Avoid “trial penalty” – harsher sentence after trial

Many people take plea deals to get home to their families faster. Trials can take months or years. Plea deals offer certainty. If the evidence is stacked against you, a deal may be smart.

Cons of Accepting a Plea Deal

However, there are also some potential drawbacks:

• Plead guilty even if innocent due to pressure
• Lose right to trial and ability to defend yourself
• Get a criminal record that hurts job prospects
• Lose access to public housing and student loans
• Possibly still get deported depending on the crime
• Serve probation or do community service

The biggest risk is pleading guilty when you’re actually innocent. Always consult your lawyer before accepting any deal. Make sure you understand exactly what you’re agreeing to.

What is the Prosecutor’s Burden of Proof?

Prosecutors must prove “beyond a reasonable doubt” that you committed the crime. This is a very high bar. For a felony, the jury must be virtually certain of guilt. If even one juror has reasonable doubts, they must acquit.

So consider – does the prosecution have strong enough evidence to convince a jury? Eyewitnesses? Video? Documents? Forensics? If the evidence seems weak, you may have a good chance at trial.

What Defenses Can I Raise?

There are many possible defenses your lawyer can use at trial, for example:

• Alibi – You were somewhere else at the time
• Self-defense – You acted to protect yourself from harm
• False confession – You were coerced into a confession
• Entrapment – You were induced by police to commit the crime
• Insanity – You were unable to understand right from wrong

Your lawyer can explain if any of these defenses may apply to your case. If you have a strong defense, it may be worth going to trial.

How Strong is the Prosecution’s Case?

Carefully weigh the evidence and possible defenses. Be realistic about your chances of an acquittal at trial. Discuss weaknesses in the prosecution’s case with your lawyer. But don’t rely on just their advice – educate yourself on the law and evidence.

Get a second opinion from another lawyer if needed. Review police reports and discovery yourself. Don’t take the prosecution or defense lawyer’s word at face value.

What Are the Sentencing Guidelines?

Federal and state laws determine the minimum and maximum sentences for each crime. Mandatory minimums exist for some offenses. Sentencing guidelines provide a range based on the severity of the crime and your criminal history.

Make sure you understand the possible penalties if convicted at trial. Compare this to the plea deal sentence recommendation. Getting the sentencing guidelines in writing is advised.

Use this Federal Sentencing Guidelines Calculator to estimate your range. Consult your lawyer regarding state sentencing guidelines.

Will I Lose Any Rights?

Pleading guilty results in losing valuable rights, like:

• Right to jury trial
• Right to confront accusers
• Right to remain silent
• Right to appeal

You give up these Constitutional protections guaranteed at trial. Be certain before pleading guilty – it’s very difficult to “undo” a guilty plea later.

What Are the Collateral Consequences?

Collateral consequences are penalties that happen automatically as a result of a guilty plea, on top of the criminal sentence. For example:

• Loss of professional licenses
• Ineligibility for public housing and benefits
• Loss of voting rights
• Deportation
• Difficulty traveling internationally

Make sure you know all the consequences before pleading guilty. They can seriously impact your life.

Should I Accept the Deal?

There’s no one size fits all answer. Every case is unique. Consider all the pros/cons and advice from your attorney. But ultimately, this life-changing decision is yours alone. Listen to your gut feeling.

If you feel pressured to plead guilty when you believe you’re innocent, be ready to go to trial. No deal may be better than a bad deal that gives you a criminal record you don’t deserve.

On the other hand, if the evidence is overwhelming, a plea bargain may be wise to avoid harsher consequences. There are no easy answers. Get all the information you can to make an informed decision.

Conclusion

I hope this overview helps you understand key questions to ask before accepting a plea deal. Every case has unique circumstances, so consider your options carefully. Consult your lawyer. Educate yourself on the law. Don’t rush into any deal until you’ve weighed all the pros and cons.

With the right preparation, you can make the best decision for your situation. Wishing you wisdom and courage as you navigate the legal process. You have power – use it wisely.

References

Plea Bargain – Cornell Law School
Justice 101: Plea Bargaining – Department of Justice
Should I Accept a Plea Deal? – Nolo
Plea Bargains: Pros and Cons – Lawyers.com
How a High School Dropout Became a Federal Judge – Washington Post