Whether you’re facing drug charges, DUI accusations, or another type of criminal charge in Tennessee, there may be a point during this process when you are offered a plea deal. Plea deals may offer benefits to the prosecution and the accused, but they do come with strings attached. Before you make any decisions that could affect your future and your freedom, it’s important to discuss your next steps with a criminal defense lawyer. Call Delius & McKenzie, PLLC to get our experienced criminal defense team on the case.
What you need to know about plea deals
A plea deal is an agreement that involves you pleading guilty or no contest to specific charges, typically those less severe than the ones you are currently charged with. In return, you generally get a lighter sentence or other concessions that make the plea deal appealing to you. Because you plead guilty, you don’t have to go through the entire court process. Note, though, that the judge overseeing the case does still have to accept the plea deal.
Benefits of a plea deal
There are significant benefits to plea deals, which is why so many criminal cases never see the inside of a courtroom. On the prosecutor’s side, proving a case costs time, money, and resources. A plea deal drastically lowers the amount of work they need to do, but they still secure a guilty or no contest plea that shows that they are working to keep the community safe.
On the accused individual’s side, defending yourself against criminal charges is expensive and time-consuming. It takes less time to negotiate a plea deal than it does to protect a client against criminal accusations, so a plea deal may result in lower legal expenses.
Additionally, a plea deal takes the risk out of the equation. In a beneficial plea deal, the charges and punishment are generally much less severe than what you could get convicted of if your case went to court. Further, through the use of diversion, you may still be able to keep a clean record.
Downsides of a plea deal
The obvious downside of a plea deal is that you do have to plead guilty to the charges in order to take advantage of the deal. This is particularly challenging if you know that you did not do what you’ve been accused of—pleading guilty may feel like a betrayal. A plea deal means giving up the possibility of being found not guilty and walking away free and clear.
You may also find that the process of a plea deal feels rushed, which may make it difficult for you to make an informed decision. There is often a short timeframe in which a plea deal is on the table, and waiting too long could mean losing your chance. Unfortunately, this pressure can make some people feel like they have to accept a plea deal—even if it’s not truly in their best interests.
Figuring out what’s the best choice for you
While it would be excellent if there were cut-and-dried answers about whether or not you should accept a plea deal, it just isn’t that easy. There are tons of factors that go into any criminal case, and the culmination of all those factors determine whether or not a plea deal is a good idea for you.
When might a plea deal be a good idea for you? If there is substantial evidence against you and the odds of a conviction seem high, a plea deal might allow you to avoid the worst possible outcome of a case. Additionally, you may prefer a plea deal if the details of the alleged crime are personal, messy, or otherwise unpleasant. A guilty plea means that you don’t have to hash that all out in court for the public to see. If the charges to which you’d plead guilty would still allow you to pursue your career of choice and maintain your reputation, a plea deal may not be too significant of a sacrifice.
When, then, is a plea deal not the right choice? If you are innocent and your sole goal is to clear your name, a plea deal may not be the right choice for you—no matter how appealing the terms are. If the conditions of the plea deal would ruin your standing among loved ones and your community, bar you from certain fields of employment, or otherwise hamstring your future opportunities, you may want to think twice about it.
If the terms of the plea deal are generally positive but not enough for you to give up your day in court, discuss your options with your attorney. While negotiating is not always an option, they may be able to negotiate the terms of the agreement with the prosecutor.
How a criminal defense attorney can help
Whether this is your first brush with the criminal justice system or you’ve been through this process multiple times, there are a lot of unknowns that can shape the outcome of your case. Your criminal defense lawyer is your best source of information and guidance. They know your criminal record and prior convictions, the judge assigned to your case, how the evidence against you stacks up, and how a jury might perceive that evidence. They also know how each potential outcome of the case could affect your future. Don’t be afraid to ask them questions about the plea deal, the risks of going to trial, and what they recommend.
Your attorney can also serve as your advocate throughout this process. If the terms of the plea deal heavily favor the prosecution, they may push for a deal that is more beneficial to you and your future.
Choose Delius & McKenzie, PLLC for your criminal defense needs—we’re here for you
We know how criminal charges can threaten your future and the confusion that comes with navigating the criminal justice system. We’re here to guide you, defend you, and advocate for you. Contact us now by calling or filling out our online contact form.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.