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Will a DC Criminal Lawyer Advise You to Take a Plea Bargain?
Should You Take a Plea Bargain? Ask Your Criminal Defense Lawyer
Facing criminal charges can be an incredibly stressful and frightening experience. The stakes are high, and the complex legal system can be confusing to navigate. Many defendants wonder if they should take a plea bargain or fight the charges at trial. Consulting with an experienced criminal defense lawyer is crucial to understand the options and make the best decision.
A plea bargain is an agreement between the prosecution and defense where the defendant pleads guilty to some or all of the charges in exchange for a more lenient sentence. Plea bargains are extremely common – over 90% of criminal cases end with a plea bargain rather than going to trial . However, accepting a plea has major consequences. Defendants waive important constitutional rights, like the right to a trial by jury and to confront witnesses. There is no going back once you plead guilty.
Here are some key factors a criminal defense lawyer considers when advising clients on plea bargains:
Strength of the Prosecution’s Case
If the prosecution has strong evidence against you and is likely to get a conviction at trial, your lawyer may recommend taking a plea to get a lighter sentence. For example, if there is DNA evidence, video surveillance, or other solid proof of your guilt, a plea could be wise to avoid harsher penalties from a trial conviction.
However, if the evidence is weak, your lawyer may advise fighting the charges at trial. Eyewitness testimony, for example, can often be unreliable. Your lawyer may be able to get charges dismissed or beat the case at trial if the prosecution cannot prove guilt beyond a reasonable doubt.
Potential Sentence Exposure
Your criminal defense lawyer will analyze the charges and your criminal history to estimate the likely sentence if convicted at trial. They will explain the maximum sentence you could receive. If the potential penalties are severe, the lawyer may advise taking a plea bargain that limits your exposure.
For example, if you face multiple serious felony charges, your maximum sentence could be decades in prison. A plea deal may reduce charges or cap your sentence to just a few years. The reduced sentence may be worthwhile to avoid the risk of very lengthy prison time.
Collateral Consequences
Beyond jail or prison time, a conviction can carry additional “collateral consequences” that profoundly impact your life. These include immigration issues, loss of voting rights, difficulty finding jobs and housing, professional license suspension, and more. Your lawyer considers these when advising on plea bargains.
For instance, pleading guilty to a drug offense could get a non-citizen client deported. Even if the plea deal seems lenient, your lawyer would likely recommend fighting the charges at trial to avoid immigration consequences.
Likelihood of Success at Trial
Experienced criminal defense lawyers have a good sense of how local prosecutors, judges, and juries tend to decide cases like yours. Based on the charges, evidence, and jurisdiction, your lawyer can estimate if you have a solid chance of beating the case at trial.
If your lawyer believes there is a good chance of getting charges dismissed or securing a not guilty verdict, they will likely advise going to trial rather than taking a plea. However, if they doubt success at trial is realistic, a plea bargain may be the safer option even if risks are involved.
Defenses in Your Case
Viable legal defenses to criminal charges make fighting a case at trial more appealing. For example, if errors by police violated your rights and enable evidence suppression, your lawyer has grounds to get charges dismissed. Or if you acted in self-defense against violence, a jury may acquit. When strong defenses are available, plea bargains look less attractive.
However, if you clearly have no valid defense for illegal actions, accepting responsibility through a plea bargain may be wise. A solid defense is key to taking a case to trial.
Your Prior Record
If you have prior convictions on your record, prosecutors often seek harsher punishments for repeat offenders. You lack bargaining power to get a lenient plea deal. In this situation, your lawyer is more likely to recommend going to trial if there is any chance of winning.
On the other hand, first-time offenders often can negotiate with prosecutors for diversion programs or minimum sentences to avoid having a conviction on their record. For those with a clean background, plea bargains may be appealing.
Your Personal Circumstances
Personal factors like your job, school, family, health, immigration status, and financial situation may influence your lawyer’s plea bargain advice. Jail or prison time could cause you to lose a job, custody of children, specialized medical care, or other critical things in your life. Your lawyer considers these consequences.
If fighting the charges could drag out the case for years, pleading guilty may be preferable to get the matter resolved quickly and move on with your life. But the plea conviction may carry other lifelong effects. Your lawyer helps weigh these pros and cons.
Views on Guilt and Justice
Some defendants feel strongly about not pleading guilty to crimes they did not commit. They would rather risk harsher punishment at trial than admit guilt and have a conviction when they are innocent. Your lawyer will take your personal views on justice into account.
Other defendants simply want the case over as quickly as possible with the lightest penalty. They may instruct their lawyer to get any plea deal possible, even if they are innocent. There are no right or wrong answers, but your lawyer should understand your priorities.
Judge and Prosecutor Tendencies
Your criminal defense lawyer likely has experience with the judge and prosecutors in your jurisdiction. They have insight into what kinds of plea offers to expect and what sentences the judge tends to give. A prosecutor with a tough “law and order” approach may be reluctant to bargain, while others are more flexible.
Some judges routinely give the maximum to defendants convicted at trial as “punishment” for not pleading guilty. Your lawyer uses their understanding of these tendencies to advise you on plea decisions.
Bottom Line Advice
While your lawyer provides advice and perspective, the final decision on taking a plea bargain is yours alone. Make sure you understand all options thoroughly. Ask questions until you are comfortable with the choice. A knowledgeable criminal defense lawyer considers the above factors and more when counseling clients on plea bargains.
Facing criminal prosecution is frightening. The stakes are extremely high. But an experienced lawyer in your corner levels the playing field and ensures your rights are protected. Listen to their guidance as you make the most informed decision possible about any plea deal.
Sources:
https://www.nacdl.org/Content/PleaBargaining-Waiving-Trial-Right