What You Should Know Before Entering a Plea Agreement

You’ve reviewed your case, the evidence, and the law. You understand the potential consequences and you’re debating whether you want to accept a plea agreement from the prosecutor. What should you consider? What should you discuss with your lawyer?

1. Personal goals and priorities

First and foremost, you must consider your own priorities and goals in both the short term and the long term. A good deal for someone else, might be a bad deal for you. Talk to your lawyer about what those priorities are and how you can get the best outcome for yourself in consideration of those priorities. Consider everything below when deciding whether a plea agreement is good for you.

2. Collateral consequences

If you are pleading guilty to certain crimes, they may come with something known as a “collateral consequence.” For example, if you plead guilty to Operating Under the Influence (“OUI”), your driver’s license will automatically be suspended. If you plead guilty to a crime of domestic violence, you will be prohibited from owning or possessing a firearm. If you plead guilty to a drug crime, you may not be eligible for certain jobs in the medical field. If you plead guilty to any felony, you will not be permitted to use or possess a firearm. If you were born outside of the United States, your status in the United States may be affected by a plea agreement. Make sure that you understand how the plea agreement will affect other parts of your life.

3. Cumulative Consequences

A “cumulative consequence” means that if you are charged with the same crime again, there may be mandatory enhancements that make the punishment more severe. A cumulative consequence is like a collateral consequence, though its effect is not immediate. For example, if you plead guilty to an OUI, and you are charged with a second OUI within a ten-year period, the second OUI charge will carry a higher mandatory minimum jail sentence, fine, and license suspension. If you plead guilty to a crime of domestic violence, a second domestic violence charge can brought as a felony, regardless of its severity.

4. Effect of the conviction on your criminal record

Regardless of your conviction, if your record shows that you have multiple convictions, judges and prosecutors will be less likely to give you a better deal if you get in trouble down the road. For example, if you have convictions for disorderly conduct, assault, and theft; and you are subsequently charged with an OUI you may not get the same deal that someone with no criminal history gets.  Further, any conviction may affect your ability to get certain jobs.

5. Probation or Administrative Release

If your agreement includes a period of probation, you must consider the fact that, if you have trouble meeting all of the terms of your probation, it will be much easier for the State to revoke your probation, put you in jail, and make you serve the full sentence. In a criminal case, the prosecutor must prove the case “beyond a reasonable doubt,” meaning they have enough evidence that your guilt is almost certain. In a probation violation case, the prosecutor only needs to prove that more likely than not you violated your probation. If you are entering a period of probation, make sure you are confident that you can meet each one of your probation conditions.  

For example, if your probation conditions say that you cannot use or possess alcohol, make sure you do not work at a bar ask or that you be permitted to possess alcohol only in the context of your employment. 

6. Deferred Disposition Agreements

A Deferred Disposition Agreement allows you to enter into an agreement with the State to get a better outcome on your case. Typically, you will need to enter a guilty plea to a charge and, if you meet all conditions of the agreement, you will get what is called the “good outcome” after a pre-determined time period. A good outcome is typically a reduced sentence, a plea to a lesser included offense, or a dismissal. 

If you choose to accept a Deferred Disposition Agreement, make sure you can meet the terms of the agreement. For example, if your Deferred Disposition Agreement says that you cannot use or possess a firearm or other dangerous weapon, make sure you are not going hunting.

7. Waiver of Rights

By choosing to accept a plea agreement, you are giving up certain rights that you would otherwise be able to exercise. You will not be able to: have a trial by jury, testify, call witnesses to testify for you, or cross-examine witnesses testifying against you. Keep in mind, throughout the proceeding you would have the right to be assisted by a licensed and qualified attorney. 

8. Pros and cons of accepting a plea agreement

There are certain risks and benefits that come with accepting a plea agreement. One of the main benefits is certainty: there is no doubt as to the outcome of your case. By going to trial, you give up control of the outcome of your case. The case goes into the hands of the judge and, if you choose, a jury. If you are found guilty, the judge can impose any lawful sentence that the judge feels is appropriate. It is often difficult to predict how a case will be decided at trial.

The major risk of accepting a guilty plea is that you are giving up your rights and, potentially, your leverage to negotiate a better outcome in your case. Make sure that a guilty plea is worth your while.

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This article is meant for informational purposes only and does not replace the advice of a licensed and qualified criminal defense attorney. If you or someone you know are facing criminal charges, consult with a criminal defense attorney in your area.