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What Are The Pros And Cons Of A Texas Plea Bargain?

A criminal defense lawyer meets with a client.

Always consult a criminal defense attorney before accepting a plea deal in Montgomery County.

Few criminal cases actually go to trial. Instead, a Texas prosecutors' association estimates that 98 percent of charges are resolved through plea bargains.

To close a case quickly and avoid clogging the courts, prosecutors may offer a plea bargain to avoid a lengthy and expensive trial. In exchange, the defendant enters a guilty plea that is supposed to lead to a more favorable outcome for them.

Prosecutors are highly motivated to use the limited resources of their offices effectively. "[I] t's simply impossible to try every single criminal case to a jury," according to the Texas District and County Attorneys Association. "There are not enough prosecutors, defense attorneys, judges, or juries in the state to pull that off."

However, just because prosecutors are often eager to negotiate a plea, it does not always mean they're willing to offer defendants a fair deal without a fight. In Texas, a lot of prosecutors know how to exploit a defendant's vulnerabilities. They are experienced in using tactics that cause people to cave in and admit guilt to a crime they may not have even committed.

Were you charged with a crime in Montgomery County? You need a clear understanding of whether a plea bargain is right for you. Our firm's founding attorney is a former Montgomery County assistant district attorney. Contact The Webb Firm, P.C., for a free consultation to learn more about your potential defense options.

Plea bargain pros

There are four types of plea agreements, according to the U.S. Justice Department: Charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements.

Plea bargains are negotiated between your criminal defense attorney and an attorney for the prosecutor's office. Potential agreements may have the prosecutor:

  • Reduce the number of criminal charges.
  • Reduce the severity of charges.
  • Recommend pretrial diversion programs and specialty courts.
  • Request leniency at sentencing.

If you have been accused of a crime, it is crucial that you exercise your right to remain silent. Do not attempt to negotiate or argue your way out of charges. Everything you say can be used as evidence against you in court. Instead, tell the police you want to speak to your lawyer, then use your right to remain silent.

Plea bargain cons

For the most part, plea bargains put criminal defendants at a disadvantage. Therefore, never accept a plea bargain without consulting a criminal defense attorney first.

  • Without proper legal counsel, an innocent person can be scared into accepting a guilty plea and will most likely face imprisonment and/or pay a fine.
  • Agreeing to a plea bargain without consulting a lawyer can cut the criminal investigation short and prevent the discovery of important details that could prove your innocence.
  • You should also know that some plea deals are more concrete than others. For example, judges can disregard prosecutors' sentencing recommendations. And victims can use their impact statements to argue against negotiated agreements.

Experienced criminal defense lawyers get results.

Once you accept a plea bargain, it is game over. After that, there is no turning back. That's why it's critical that you hire an experienced Texas criminal defense attorney who can help you fight the charges and negotiate for the most favorable outcome.

At The Webb Firm, P.C., we have extensive prosecutorial and courtroom experience handling criminal cases. Founding attorney Amanda Webb is a former Montgomery County assistant district attorney. She has an insider's knowledge of the prosection's motivations and weaknesses.

If you were arrested, these are just some of the ways our law firm can help your case. We can:

  • Fight to exclude so-called evidence.
  • Argue that the charge is reduced or dropped.
  • Negotiate a plea bargain.
  • Fight for acquittal in court.

Are you facing a DWI, drug charges, assault, or another crime in Conroe, The Woodlands, Montgomery County, or the surrounding area? Contact The Webb Firm, P.C. today for a free consultation to find out how we can help you.

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