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When Is It Time to Accept a Plea Deal in a Federal Criminal Case?
Contents
- 1 When Is It Time to Accept a Plea Deal in a Federal Criminal Case?
- 1.1 The Strength of the Government’s Evidence
- 1.2 The Potential Sentence You’re Facing
- 1.3 Your Chances of Winning at Trial
- 1.4 The Specific Terms of the Plea Deal
- 1.5 Your Personal Circumstances
- 1.6 The Experience of Your Defense Attorney
- 1.7 Timing Considerations
- 1.8 The Cost of a Trial
- 1.9 The Stress and Uncertainty of a Trial
- 1.10 The Benefit of Taking Responsibility
- 1.11 The Ability to Put it Behind You
- 1.12 The Potential Benefits of Going to Trial
When Is It Time to Accept a Plea Deal in a Federal Criminal Case?
Facing federal criminal charges can be an incredibly stressful and frightening experience. The stakes are high, and the federal government has vast resources at their disposal. Many defendants feel overwhelmed and unsure of what to do. One of the most important decisions you’ll have to make is whether to take your case to trial or accept a plea deal offered by the prosecution.
The Strength of the Government’s Evidence
One of the biggest factors is the strength of the prosecution’s case against you. Your defense attorney should give you an honest assessment of how solid the evidence is. If the case against you is very strong, with compelling evidence like eyewitness testimony, documents, surveillance footage, etc., then it may be wise to accept a plea deal rather than risk going to trial and getting convicted on all counts.
However, if the evidence seems fairly weak, circumstantial, or if you have a viable defense strategy for refuting it, then you may want to take your chances at trial. Weighing the strength of the government’s case is not always straightforward, so get your attorney’s honest opinion.
The Potential Sentence You’re Facing
Look carefully at the maximum sentence you could receive if convicted at trial on all counts versus the deal being offered by the prosecution. Federal sentences are typically much harsher than state sentences. Even first-time offenders can face decades behind bars. If the plea deal is significantly less than the worst-case scenario at trial, it may be wise to take the deal and avoid rolling the dice.
On the other hand, if you’re only facing a few years more on the potential maximum versus the plea deal, you may want to go to trial if you have a strong defense. Make sure you understand precisely what kind of time you’re facing so you can make an informed choice.
Your Chances of Winning at Trial
While the strength of the evidence is important, you also need an honest assessment of your chances of winning at trial and either being acquitted or convicted on lesser charges. This depends on a variety of factors:
- The experience and track record of your defense attorney
- How sympathetic of a defendant you are likely to make
- The strength and charisma of the prosecuting attorneys
- Whether there are any legal issues with the case that could lead to key evidence being excluded
Your attorney should give you their best professional judgement on your odds so you can weigh the risks and benefits of going to trial versus taking the plea deal.
The Specific Terms of the Plea Deal
Make sure to scrutinize the exact terms of the plea agreement being offered. Consider things like:
- How many charges you’ll plead guilty to
- What the recommended sentence will be
- Whether appealing the conviction or sentence will be waived
- What fines and restitution you’ll have to pay
- The collateral consequences, like being barred from certain jobs
Some plea deals can include “open pleas,” where the sentence is left up to the judge’s discretion. This carries more risk but also allows you to argue for leniency. Know all the implications before deciding.
Your Personal Circumstances
Beyond the legal implications, consider your own personal circumstances in deciding whether to accept a plea bargain. How will this impact your family, your career, and your life going forward? Can you afford the financial costs of a trial and potential loss? Be sure to discuss thoroughly with your attorney.
The Experience of Your Defense Attorney
Having an experienced federal criminal defense lawyer is extremely important in plea bargain negotiations. An attorney who regularly handles federal cases will have insight into the prosecutors and judges in your jurisdiction. They can advise whether a particular plea deal is favorable given the circumstances. Their relationships and negotiating skills can potentially secure you a better bargain as well.
Timing Considerations
Plea deals are often a time-limited offer, meaning you’ll have to decide whether to accept within a certain deadline. This puts pressure on defendants to make a big decision quickly. If you need more time to weigh your options, see if your attorney can get an extension from the prosecution. But at a certain point, declining the deal means it comes off the table for good.
The Cost of a Trial
Federal criminal trials are extremely expensive undertakings, often costing well into the six figures when you factor in attorney fees, expert witnesses, investigative costs, etc. Public defenders are an option if you cannot afford a lawyer, but hiring experienced private counsel gives you the best chance at trial. Make sure you can realistically afford the cost before declining a plea offer.
The Stress and Uncertainty of a Trial
Going to trial means enduring months of procedures, motions hearings, jury selection, trial, and waiting for a verdict. You’ll also be facing the possibility of a guilty verdict and maximum sentence. The stress and uncertainty takes an emotional toll. For some, the certainty of a plea bargain is preferable.
The Benefit of Taking Responsibility
Judges often look more favorably on defendants who take responsibility by accepting a plea deal rather than forcing a trial. While you should never admit to something you didn’t do, if you are guilty, pleading can demonstrate remorse and accountability. This can help reduce your sentence versus going to trial.
The Ability to Put it Behind You
For many people, there is benefit to finality. Accepting a plea deal means certainty about the outcome, and you can then move forward with serving your sentence or probation. You avoid the months of pre-trial procedures and appeals if you lose at trial. The quicker resolution can provide relief.
The Potential Benefits of Going to Trial
All of the above factors discuss the potential benefits of accepting a plea bargain, but there are also advantages to rejecting a deal and going to trial. You preserve your ability to assert innocence and hold the government to their burden of proving guilt beyond a reasonable doubt. You also keep open the possibility of being acquitted on some or all charges.
And even if convicted, you retain the right to appeal issues from the trial. Appeals after a guilty plea are much more limited. Don’t waive your valuable trial rights unless the plea deal sufficiently compensates you for doing so.