A federal criminal case can end with a dismissal of the charges, a plea deal between the government and the defendant, or a trial resulting in a verdict and judgment. Although many federal prosecutions end in a plea deal, U.S. Attorney’s Offices do not always offer deals to defendants. When you face prosecution for a federal offense in Texas, knowing what circumstances may lead the government to offer you a plea bargain or listen to your offer for a plea deal can help you pursue a favorable resolution to your case.
What Is a Plea Deal?
A plea deal refers to an agreement between a defendant and prosecutors to resolve pending criminal charges against the defendant. In a plea agreement, a defendant agrees to plead guilty to certain charges in exchange for various concessions from the prosecution, such as:
- Reducing the grading of charges or reducing a charge to a lesser-included offense
- Dropping certain charges in an indictment
- Agreeing to make specific sentencing recommendations to the court or refraining from making certain recommendations (although the court retains ultimate discretion over sentencing)
A plea deal may also involve a cooperation agreement between the defendant and the government, in which the government conditions its concessions on the defendant’s cooperation with prosecutors in other criminal cases. For example, a cooperation agreement may require a defendant to testify against their co-defendants.
When Do Federal Prosecutors Offer Plea Deals?
Prosecutors may offer a plea deal to a defendant facing federal charges at various points in a case:
- After filing charges: Prosecutors may make a plea offer to a defendant after the government files a criminal complaint or secures an indictment, especially when prosecutors feel they have an overwhelming case against a defendant.
- Early in the case: Prosecutors may extend a plea deal to a defendant early in the case, such as after the arraignment, especially in cases where the court must appoint a public defender for a defendant. Prosecutors may hold off on making a plea offer until a defendant has legal representation or waives their right to counsel so that they can make an informed decision about a deal.
- During discovery: After the prosecution shares the evidence it plans to present at trial, they may extend a plea offer to reinforce their confidence in the strength of their case.
- Close to trial: Prosecutors may make or renew plea offers in the lead-up to trial, as the reality of a trial and a possible conviction may convince defendants to reconsider a deal, or prosecutors may want to mitigate the risk of the jury rendering a not guilty verdict.
Factors That Affect Whether Prosecutors Offer Plea Deals
Prosecutors may make a plea offer or entertain plea negotiations under various circumstances, such as:
- The nature of the charges
- The strength of the government’s case
- The defendant’s cooperation with authorities
- The defendant’s criminal history
- The federal Sentencing Guidelines and applicable mandatory minimum sentences
Federal prosecutors and judges always favor resolving cases through plea agreements as they eliminate the need to spend time and resources on a trial. However, these factors will influence what plea terms the government may accept or whether a judge will accept the government’s recommendations in a plea agreement.
Contact Our Federal Criminal Defense Lawyers Today for Guidance
After getting charged with a federal offense, prosecutors may choose to offer you a plea deal. When that happens, you need experienced legal advice and advocacy to protect your rights and interests during plea negotiations. Contact Guest & Gray today for a free, confidential consultation with our Kaufman County federal criminal defense attorneys to learn more about the process of obtaining a plea offer from prosecutors in a federal criminal case.
