If you’ve been charged with a crime, you’re probably asking yourself, “should I plead guilty?” It’s likely that the prosecutor has offered you a plea bargain, and they’re pressuring you to accept it. A plea bargain is a contract between you and the prosecutor’s office involving the prosecutor’s promise of reduced penalties in exchange for your promise to plead guilty to the crime.
The prosecutor has probably told you that the plea deal is your best shot at avoiding the harshest penalties for the offense you’ve been charged with. This is not always the case. But before you agree to anything, it’s critical to understand what’s at stake and how a skilled criminal defense lawyer in Houston can help you make the best decision for your situation.
What Is a Plea Bargain?
A plea bargain is an agreement between you and the prosecutor where you agree to plead guilty—usually to a lesser charge or with the promise of a reduced sentence—in exchange for avoiding trial. While this might sound like a shortcut to a lighter punishment, it’s not always the right move. Prosecutors may present plea deals as your best or only option, but their priority is to secure a conviction—not necessarily to ensure justice or fairness for you.
When Is Accepting a Plea Deal a Smart Move?
The only way to know whether accepting the prosecutor’s plea deal is a good idea is to closely review the prosecutor’s case against you. If the prosecutor’s case is strong, it may be in your best interest to plead guilty and avoid the expense and time of going to trial. The factors to look at in determining the strength of the prosecutor’s case, and the relative weakness of your own, are:
- The evidence connecting you to the crime, and whether the police obtained that evidence legally
- Witnesses the prosecutor intends to use, and whether you have any evidence of their untrustworthiness or the unreliability of their recollections
- Whether the evidence and witness testimony can show beyond a reasonable doubt that you committed the crime
- Whether you can raise any defenses
- How the particular judge who will hear your case has ruled in similar cases
- Whether you are willing to have a public trial about potentially embarrassing allegations
Should You Plead Guilty?
The decision to plead guilty is serious and permanent. It should only be made after thoroughly reviewing the evidence against you and exploring all legal defenses. Pleading guilty too early can prevent you from uncovering weaknesses in the prosecution’s case that could result in reduced charges or even dismissal. Consulting with an experienced Houston criminal defense attorney ensures that you’re making an informed decision based on facts, not pressure.
What Could a Plea Bargain Include?
Plea deals are not take-it-or-leave-it offers. A good defense lawyer will negotiate terms that reflect the weaknesses in the prosecutor’s case and any mitigating factors in your favor. This could result in reduced charges or more favorable sentencing terms.
A plea bargain might include:
- Deferred adjudication (no final conviction if terms are met)
- Counseling or rehabilitation programs
- Community service
- Restitution to victims
- Drug testing or treatment
- House arrest or probation
- Reduced fines or jail time
These outcomes can vary greatly depending on the circumstances of your case and how well it’s negotiated.
What Happens If You Reject the Plea Bargain?
Turning down a plea deal doesn’t mean you’re out of options—it means you’re ready to fight the charges. There are several strategies your defense attorney may use at trial:
Suppressing Illegal Evidence
Prosecutors are not allowed to use illegally obtained evidence to prove your guilt at trial. For example, if you are charged with drug trafficking based on evidence the police obtained after a warrantless search of your home, your lawyer may be able to have that evidence removed from the case. Without evidence, the prosecutor cannot prove your guilt. In many cases, the successful suppression of the evidence results in the dismissal of the charges before the trial begins.
Showing Reasonable Doubt
To obtain a conviction, the prosecutor must prove every element of the crime against you beyond a reasonable doubt. If your lawyer can show there is even a possibility that you were not the person who committed the crime or that you lacked criminal intent, the jury will be instructed to acquit you.
Using an Affirmative Defense
An affirmative defense involves admitting that you committed a forbidden act, but that you were justified in doing so. The most popular affirmative defense is self-defense. If you’ve been charged with battery, you may get acquitted if your lawyer can show that you were defending yourself or another person from harm.
Why You Need a Houston Criminal Defense Lawyer
Far too many people accept plea deals without fully understanding their rights or evaluating their legal options. An experienced criminal defense attorney will help you assess the strength of the case against you, uncover potential defenses, and negotiate the best possible outcome—whether that’s a favorable plea or fighting for your acquittal at trial.
You should consult with an experienced criminal defense attorney before accepting any plea bargain. Call The Law Offices of Ned Barnett today at (713) 222-6767 for a free and confidential case consultation.