Should You Take a Plea Deal?

Plea bargaining is how the vast majority of criminal cases end. The Supreme Court noted in Missouri v. Frye that 97% of federal convictions and 94% of state convictions come from guilty pleas.

What a plea deal can include

• Charge bargaining: pleading to a lesser or fewer charges
• Sentence bargaining: an agreed sentence or a recommendation
• Fact bargaining: agreeing on facts that affect sentencing
• Diversion or deferred adjudication that can lead to dismissal

Questions to ask before deciding

1. How strong is the evidence? Are there suppression issues or weak witnesses?
2. What is the realistic sentence after trial? Compare the maximum, any mandatory minimums, and what similar cases receive.
3. What exactly am I pleading to? Felony or misdemeanor, and the exact statute.
4. What are the collateral consequences? Immigration, gun rights, professional licenses, housing, student aid, sex offender registration, driver's license. Lawyers must advise non-citizen clients about deportation risk (Padilla v. Kentucky).
5. Can the record be sealed later?
6. Is the judge bound by the deal? In some systems the judge can reject a sentence recommendation.
7. How long is the offer open? Offers often expire or get worse as trial approaches.

Your rights

• The decision to plead guilty belongs to you. Your lawyer advises; you decide.
• Your lawyer must tell you about formal plea offers (Missouri v. Frye).
• In federal court, the judge must make sure the plea is voluntary and that you understand the rights you give up, including the right to a jury trial and to confront witnesses (Rule 11). State courts follow similar procedures.

Benefits of a plea

• Certainty and often a lower sentence
• Fewer or less serious charges on your record
• Faster resolution and lower legal costs

Risks of a plea

• You give up the chance of acquittal
• A conviction with long-term consequences
• Usually limited appeal rights

What happens if you reject it

The case continues toward trial, and the prosecution can offer something else, nothing more, or file additional charges where justified. Going to trial is your right and cannot be punished as such, but sentences after trial are often higher than plea offers.

Getting advice

Ask your lawyer to explain the offer in writing and walk through the best and worst trial outcomes. If you have doubts about your lawyer, see do public defenders do a good job or consult another criminal defense lawyer.

Sources

1. Cornell Law School LII: Missouri v. Frye, 566 U.S. 134 (2012)
2. Cornell Law School LII: Plea bargain
3. Cornell Law School LII: Federal Rules of Criminal Procedure, Rule 11
4. Cornell Law School LII: Padilla v. Kentucky, 559 U.S. 356 (2010)