Many federal criminal cases end in a plea deal between a defendant and the U.S. Attorney’s Office. Plea bargains can significantly affect sentencing in federal criminal cases. As a result, understanding how federal plea bargains work can help you assess your legal options in a prosecution in Texas.
What Is a Federal Plea Bargain?
In a federal criminal prosecution, a plea bargain refers to a negotiated agreement between federal prosecutors and a defendant. Under such an agreement, the defendant agrees to plead guilty or no contest to one or more charges in exchange for specific concessions from prosecutors, such as reducing the severity or grading of certain charges, dropping other charges, stipulating to specific facts, or agreeing to recommend specific sentences or sentencing ranges to the district court.
How Federal Plea Bargains Differ from State Cases
The federal plea bargaining process can differ from plea negotiations in state criminal cases in several ways. First, federal prosecutors may have limits on their ability to agree to make specific sentencing recommendations when a case involves mandatory minimum sentences. Furthermore, because sentencing discretion rests with the district court, which must follow the U.S. Sentencing Guidelines when fashioning a sentence, federal prosecutors typically refer to the Guidelines when determining what kind of sentencing recommendation they would agree to under a plea bargain. Federal judges do not have to accept prosecutors’ sentencing recommendations under a federal plea bargain if a judge finds that the statutory sentencing factors weigh in favor of a different sentence or if a plea bargain involves a recommendation for a sentence not authorized by federal law.
The Federal Plea Bargaining Process
Negotiating a plea bargain in a federal criminal case begins with prosecutors obtaining an indictment for specific charges. After a defendant’s initial hearings, prosecutors and defense counsel will undertake discovery to put the available evidence on the table so both parties can assess the strengths and weaknesses of their respective cases. Once both parties evaluate the risks of going to trial, the likelihood of prevailing at trial, and the potential sentences that the defendant might face if convicted, they can begin negotiating a plea agreement. Prosecutors may sometimes present an initial plea offer to a defendant, who may reject the offer or counteroffer with a more favorable deal. The parties can negotiate specific terms of a plea bargain until they reach a mutually acceptable agreement.
Defense counsel should review the terms of a final plea bargain with the defendant to ensure they understand the specifics of the agreement, that pleading guilty waives the right to a jury trial, any other waivers or stipulations, and the risk that the district court may reject the agreement. Reviewing the agreement ensures the defendant makes an intelligent and voluntary decision to plead guilty.
Finally, the district court will hold a plea hearing, during which the judge will ask the defendant questions to ensure they understand the terms of the plea bargain and have no issues with their counsel’s performance. The court will also ask the defendant whether they admit to specific facts necessary to establish their guilt.
Key Terms Defendants Should Understand Before Accepting a Plea Deal
Some of the primary provisions of federal plea bargains that defendants should focus on include:
- The applicable Sentencing Guidelines and the recommended sentence or sentencing range
- Applicable mandatory minimum sentences
- Reductions or dismissals of specific charges
- Any factual stipulations made by the prosecution
- Appeal waivers and any specific issues that the defendant reserves the right to appeal
- Cooperation clauses, since failure to cooperate with prosecutors as required by a plea bargain may result in the government revoking the agreement
Contact a Federal Criminal Defense Lawyer Today
Under certain circumstances, negotiating a plea bargain in a federal criminal case can help a defendant secure the best possible outcome to their charges. Working with dedicated legal counsel can help defendants assess their legal options. Contact Guest & Gray today for a confidential consultation with an experienced federal criminal defense attorney to learn more about what to expect during the plea bargaining process in a federal case.
