What Happens When You Accept a Plea Deal?

After an arrest comes your arraignment. The criminal court judge will read out the criminal charges. You can plead guilty and face sentencing. If you want to fight the charges, you can plead not guilty, and your case will go to trial.

If you accept a plea agreement, a judge will sentence you without a trial. The prosecutor may offer a deal for a reduced sentence or no jail time if you agree to plead guilty. As part of plea deals, you cannot go back and fight the charges, because you already pleaded guilty.

Before accepting a plea bargain, understand your rights to make sure you know what you’re giving up. Talk to an experienced criminal defense attorney about taking a plea offer or going to trial.

What Is a Plea Deal in Criminal Court?

A plea deal is a negotiated agreement in a criminal case. The defendant and prosecution agree to settle the charges without a trial. There can be many benefits of taking the deal, but pleading guilty means giving up some of your constitutional rights.

Prosecutors often have more cases than they can handle, and the criminal court’s caseload may have a months-long backlog. This is why so many criminal cases settle with plea bargains.

While plea deals benefit prosecutors by saving time, some of the benefits of plea deals for defendants include:

• Lesser charges
• Predictable outcomes
• Lighter sentencing
• Probation or deferred prosecution
• Faster resolution

There are also drawbacks to taking a plea bargain, including having a criminal conviction on your record, immediate sentencing, and no chance to fight the charges. Additionally, you should know that even if you accept a plea bargain, the judge may not accept it and insist on increased criminal penalties.

What Happens After Accepting a Plea Deal?

Once you and your lawyer reach an agreement with the prosecutor, you should make sure the plea deal is written down and recorded. Your criminal defense attorney should carefully review the agreement to make sure the terms are all included and there are no errors. The case will then go to the judge for review.

In a plea bargain hearing, the judge will explain the charges to you and make sure you understand what will happen when you plead guilty or no contest. If the judge accepts the plea bargain, the judge will instruct you to admit guilt under oath. When this occurs, you are waiving your rights, including:

• The right to a jury trial
• The right to the assistance of counsel
• The right to a speedy trial
• The right to confront witnesses
• The right to remain silent and avoid self-incrimination

If the judge finds that you understand and accept the terms of the plea agreement, the case will proceed to sentencing. Depending on the criminal charges, sentencing may include jail time, fines, probation, and other penalties. However, there may be other consequences of a guilty plea that you did not consider, including:

• Immigration consequences, such as deportation
• Registering as a sex offender
• Civil confinement, including confinement in a psychiatric hospital
• The loss or suspension of a professional license
• Gun ownership restrictions
• Loss of benefits

Can You Change Your Mind After a Plea Bargain?

Generally, once you plead guilty it will be too late to change your mind. Plea bargains are binding, and you can’t go back to plead not guilty later. There are limited situations where it may be possible to reverse a plea agreement. You may be able to withdraw a plea before sentencing if you meet the statutory requirements, which may include factors like:

• Ineffective assistance of counsel
• Coercion to accept the agreement
• Ignorance of the consequences

Talk to a criminal defense attorney if you have questions about withdrawing your plea. Before you accept a plea bargain, find an experienced law firm for legal advice you can trust.

Deferred Sentencing

Many first-time, non-violent offenders may be eligible for a diversion program or deferred judgment. Deferred judgment generally involves probation instead of jail time. If you complete the terms of probation, the court may throw out the charges and clear your record. However, if you violate probation, the court may immediately sentence you to jail.

There are many possible benefits of a deferred sentence. These include avoiding a conviction and the consequences of a criminal record. While on probation, you will have to follow several restrictions. Probation terms include drug tests, random searches, and regular check-ins with a probation officer. You also have to pay the costs of probation, including fees, court costs, and restitution.

How Can a Criminal Defense Lawyer Help With Plea Bargaining?

A criminal defense attorney can review your case and let you know about your plea agreement options. Your lawyer can also engage in sentence bargaining to reduce any jail time or charge bargaining to reduce a felony criminal offense to a misdemeanor. A criminal defense lawyer has experience working with prosecutors and can usually give you a good idea of your best plea agreement options.

If you want to know more about criminal law plea deals and whether a plea agreement is right for you, talk to your criminal defense lawyer for legal advice.