What to Ask Your Lawyer Before You Accept a Plea Deal
You should ask your lawyer a few key questions before you accept a plea deal. Plea deals usually involve a criminal defendant pleading guilty to a lesser crime – such as a citation instead of a misdemeanor or a misdemeanor instead of a felony – to avoid further prosecution. If you accept a plea deal, the lesser crime will appear on your record and you will face the consequences of that crime. Learn about the details of the proposed plea in your case before you agree to accept it.
- Is this plea the best deal for me?
Not every plea ends in the best result for the defendant. Your plea might result in a large fine, a suspended license, and a long diversionary program when you would have been okay with spending a couple of days in jail to avoid license suspension, for example. Ask your lawyer what you could face if you choose not to take the plea. If you have a good lawyer (see below), he or she will help you determine what course of action is in your best interest.
- What are the strengths and weaknesses of my case?
Your attorney should explain the strengths and weaknesses of your case to you. If you will lose no matter what at trial and face a stiff minimum sentence, a plea bargain could leave you much better off. But if you have bargaining chips to use with prosecutors, such as mishandled evidence, improper police procedures, or eyewitness identification problems, you may have a chance at a good plea deal without needing to stand trial.
- What are the downsides of a plea deal?
Plea deals have their downsides. They can cut off the right to appeal improper procedures or rulings by the court. They can affect your ability to obtain a job if you plead to a criminal offense. You may have to pay expensive fines or court fees. Ask your lawyer about the practical consequences of taking the plea.
- If you do not have a good lawyer, find one
Plea deals can have unexpected results that the prosecutor or district attorney will not explain to you. A lawyer in your jurisdiction familiar with criminal law can explain what the plea means and how it will affect you. If you have a public defender and cannot afford a private attorney, press the public defender for details about the plea. Often they have a large caseload and may not explain everything to you if you do not ask.
Having an attorney is not just about learning your rights. An attorney can convince prosecutors that you are willing to fight for your rights. You may even get a better plea deal as a result. Prosecutors’ jobs are to secure convictions and close cases as quickly as possible. They may view your case as being more work and more time if you have an attorney working for you and act quickly to close your case with a plea deal.
Have you been charged with a DUI and offered a plea deal in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge of DUI science to defend drivers. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.