Should You Take The Deal Or Go To Trial? Understanding Plea Bargains In Texas

In this article, you’ll discover:

• What a plea bargain is, and the advantages or disadvantages are of accepting one
• Factors a client should consider when considering a plea bargain
• How to decide whether to take a plea bargain versus going to trial

What Is A Plea Bargain In The Context Of Texas’s Criminal Justice System?

A plea bargain is an agreement between the prosecuting attorney and yourself. It’s typically an agreement where, in exchange for your guilty plea, the state will set a lesser punishment, whether a specified period of incarceration or a set term of probation.

Many people don’t realize that a judge doesn’t have to follow the plea agreement. It’s an agreement between yourself and the state, but a judge has to approve the agreement. If they don’t approve the agreement, you can withdraw your guilty plea, though in most cases, the agreement is approved.

What Are The Advantages Of Accepting A Plea Bargain In Texas?

A plea bargain removes a lot of risk because you know exactly what penalties you’ll be facing. It also resolves your case much faster than waiting to go to trial and can help see your charges reduced. 

For example, a client of ours was charged with aggravated assault with a deadly weapon, which is a second-degree felony. We made a deal with the prosecutors for him to plead guilty to a misdemeanor assault. The punishment for that assault was the time that he had already spent in jail when he was arrested.

The plea bargain was a way for him to avoid a felony conviction and the baggage that comes with that: the uncertainty of whether we’d win at trial, if he’d go to prison, or if he’d be on felony probation for a long time. He decided that misdemeanor assault was the best option for him to take.

We have many clients who, to avoid a felony conviction, plead to a reduced charge if we can work that out. It’s also common for a client with multiple charges that one or more charges get dropped as part of the plea bargain. The client only pleads guilty to part of what they are accused of.

What Are The Potential Disadvantages Of Accepting A Plea Bargain?

Be sure you want to take the deal. One of the most significant disadvantages is you give up your right to appeal a conviction when you take a plea bargain. If, for instance, you plead guilty and accept a probation offer, you’ll get out of jail immediately, but you may realize that probation isn’t as easy as you anticipated.

Sometimes, clients have buyer’s remorse. At that point, it’s too late to change your mind. If not having a criminal record is essential to you, you must be careful about what you decide on the plea bargain. If you’re taking a deal for deferred adjudication probation, you’ll get a conviction that won’t come off your record.

Even with deferred probation, you must consider that some types aren’t eligible for expunctions or non-disclosures. There are also collateral consequences, things you wouldn’t think of. For example, if you plead guilty and get a jail sentence for drug possession in Texas, you’ll also get a driver’s license suspension. People don’t automatically associate those things.

If someone is here on a student visa, a plea bargain would cause them to lose their legal status in the United States. For reasons like these, you must be aware you’re making a final decision. Most plea deals result in a conviction that stays on your record, and you have to be ready to deal with any collateral consequences.

Attorney Robert Keating is an experienced lawyer based in Fort Worth, TX, who has helped clients just like you navigate the intricacies of criminal law. With many favorable case outcomes to his credit, he is prepared to assist you in deciding whether you should accept a plea deal in your case or go to trial so you can make the best decision for you.

Still have questions? Ready to get started? Contact the Law Offices Of Robert Keating, PLLC.  Keating today to schedule an initial consultation.

What Factors Do You Consider When Determining Whether A Plea Deal Is In Your Client’s Best Interest Versus Going To Trial?

It all comes down to a cost-benefit analysis. The strength of the state’s case is a major consideration. Another factor is: What is the risk of losing at trial? What are the consequences? What does your worst day in court look like, and are you willing to risk that?

You must also consider the consequences of taking the deal. If you’re facing a felony charge and have never had a felony conviction before, there are benefits to taking a felony conviction off the table by doing a plea deal for a misdemeanor. At the same time, you’ll have a conviction for that misdemeanor.

There could be other circumstances, such as immigration status, that may be in play. A deal would remove the risk of a felony conviction and allow you to avoid a conviction if you get deferred probation. You have to be willing to do that probation and do it successfully.

Sometimes, taking a plea deal can be a mistake because of your history. It can be difficult to complete probation, but ultimately, each person must decide whether they want to take the deal offered by the state.

Can You Describe A Case Where You Recommended Taking A Case To Trial Instead Of A Plea Deal and What The Outcome Was?

I don’t recommend to my clients whether they should take a deal. I share the benefits, the potential downsides and enough information so they can make an informed decision. I never make a recommendation either way. 

Only the person facing the consequences can decide whether or not it’s a good idea for them.

In a recent case I had, a client was charged with driving while intoxicated. The state offered her a 90-day sentence or, instead of serving the sentence, 12 months of probation. We had a 50-50 chance of winning the case. If we put it in front of 10 different juries, we’d win it half the time, and the state would win it half the time.

We did the cost-benefit analysis I talked about. If we lost at trial, the only downside was my client would still get probation. It would just be longer probation. Twelve months was the offer, and 24 months was the maximum. She was risking another year of being on probation and potentially having a fine added on top of that.

She decided the chance to win the case and not have a conviction was worth the gamble on the downside, where she could get up to an extra year of probation if we lost. She decided to go ahead and take the case to trial.

We lost at trial, and my client got 15 months of probation and a $250 fine. Taking the chance cost her an extra three months of probation and $250. That’s just a decision that every person has to make.

I had another person in very similar circumstances whose primary consideration was they wanted to be on probation for the shortest time possible. In their case, they made the opposite decision. They didn’t want to risk additional time on probation for the chance to beat the case outright.

What Are The Long-Term Impacts Of Accepting A Plea Bargain Vs. Going To Trial?

There can be both direct and collateral consequences. I’ll spend a lot of time going over the possible impacts with you and make sure you understand how each could affect your case. 

Sometimes, we get a today-only offer from the state: “Your client must take this offer, or we’ll pull the offer off the table.” I’ll give you time to think about it, talk with people whose opinions you value, and be comfortable with making the right decision for you. Because if you wake up tomorrow wishing you hadn’t done it, we won’t be able to undo it.

It’s essential to have an attorney who understands the collateral consequences. I’ve heard horror stories of people who signed up for plea deals, not realizing that it was going to result in them getting deported or cause them to lose their professional license.

I stay up-to-date and make sure that I’m aware of all those consequences, and I explain them clearly so you have all the information you need to make a good decision.

Still Have Questions? Ready To Get Started?

For more information on Should You Take The Deal Or Go To Trial, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today.