Facing criminal charges can be overwhelming, especially when the evidence against you is strong, and the risk of a harsh trial is high. A plea deal might offer a reduced sentence and a more predictable outcome but can also lead to a permanent record or other unintended consequences. In Texas, some types of charges that could result in a plea bargain include:
- Drug Possession. Charges for possession of controlled substances.
- Theft. Charges related to shoplifting, burglary, or larceny.
- Assault. Charges for simple or aggravated assault.
- DWI (Driving While Intoxicated). Charges for operating a vehicle under the influence of alcohol or drugs.
- Fraud. Charges involving financial deception or identity theft.
- Domestic Violence. Charges related to incidents of violence within a family or household.
While plea deals are generally available for most Texas criminal charges, they are typically not offered in capital murder cases, certain serious sex offenses, some felonies with mandatory minimums, and parole or probation violations. It's important to discuss your options with an experienced Austin criminal defense lawyer as soon as possible to ensure you make the best decision for your situation.
Charged with a crime in TX? Here's when to consider a plea bargain.
Prosecutors often offer reduced charges or sentences in exchange for a guilty plea, which can avoid a full trial. This process, known as plea bargaining, allows defendants to plead guilty to lesser offenses to avoid harsher consequences. Negotiations are held between the defense attorney and the prosecutor. If no agreement is reached, the case proceeds to trial. Considering a plea deal after being charged may apply under these and other conditions:
- Evidence Weakness. If the evidence against you is strong and likely to lead to a conviction, a plea deal may offer a more favorable outcome compared to risking a harsher sentence at trial.
- Reduced Sentences. Plea deals often result in reduced sentences compared to the maximum penalties faced if convicted at trial. For example, accepting a plea for a lower charge might mean avoiding mandatory minimum sentences.
- Avoiding Mandatory Minimums. If the charges carry mandatory minimum sentences that are harsh, a plea deal might allow for a reduced sentence and avoid these mandatory terms.
- Preservation of Rights. Pleading guilty to a lesser charge can sometimes preserve important rights, such as avoiding a felony conviction that could affect employment or housing opportunities.
- Restitution and Rehabilitation. A plea deal may include provisions for restitution or participation in rehabilitation programs, which could be viewed more favorably by the court and potentially reduce the overall impact on your life.
- Avoiding Trial Risks. Trials carry the risk of unpredictable outcomes. A plea deal provides a certain outcome and avoids the risk of a trial where the verdict could be more severe.
- Legal Costs. Trials can be expensive and lengthy. Accepting a plea deal can save on legal fees and court costs associated with a prolonged trial.
- Mitigating Aggravating Factors. If there are aggravating factors in your case (such as prior criminal history), a plea deal might help mitigate these factors and result in a more lenient sentence.
- Speeding Up Resolution. A plea deal can resolve the case more quickly than going to trial, which may be beneficial if you are seeking to move on and start rebuilding your life.
- Family and Employment Considerations. A plea deal might lead to a more manageable sentence that allows you to maintain your job and support your family, which can be critical if a trial could lead to incarceration or other significant disruptions.
In all these scenarios, consulting with a knowledgeable criminal defense attorney is essential to evaluate whether a plea deal aligns with your best interests and legal strategy. If your attorney advises that a plea deal is in your best interest due to the strength of the prosecution's case or potential benefits, it's worth considering their professional guidance.
Is a plea bargain right for you? Contact a criminal defense attorney to learn more.
A deal to dismiss charges or reach a plea agreement can be negotiated until a verdict is delivered. However, if you have been wrongly convicted, there may still be an opportunity to have charges dismissed or reduced in an appeal.
At Botsford & Roark, our Austin criminal defense lawyers have strong negotiation skills, which can be key in securing favorable plea deals or reduced sentences. With decades of experience, Botsford & Roark tackles complex cases with skill and respect. Our Austin team will gather evidence, craft strong defenses, and fight for the best possible outcome to your case. Our law firm's case results involving plea bargains or negotiated reduced charges include:
- An Austin DWI reduced to a charge of obstruction of a passageway.
- DWI charge reduced to a speeding citation.
- Federal Habeas Corpus relief in Durbin v. Cockrell, (W.D. Texas) due to a violation of a plea bargain agreement in a 33-year-old double murder case.
Reach out to Botsford & Roark today for a free case evaluation to see how we can help you.