When Should You Take a Plea Bargain in a Felony Case?
Only a relatively small share of criminal cases go to trial in Florida. Plea deals are far more common. The American Bar Association (ABA) explains that these types of agreements generally involve “the defendant pleading guilty to a lesser charge, or to only one of several charges.” Additionally, the defendant will often receive a less harsh punishment.
This raises an important question: When should I take a plea in a felony case? The short answer is that you should only accept a plea deal if the prosecution has strong evidence and your lawyer has negotiated a favorable agreement. Within this article, our Stuart criminal defense attorney explains the considerations for taking a plea bargain in a felony case in Florida.
Consideration #1: Your Options to Move for a Dismissal on Procedural Grounds
Your rights matter. As a person who has been arrested and charged with a crime, it is imperative that your Constitutional rights are respected through each and every aspect of the criminal justice process. Before accepting a plea bargain, it is crucial to evaluate whether you have grounds to move for a dismissal based on procedural violations and/or procedural errors. In Florida, procedural missteps—for example, a violation of your Fourth Amendment rights based on an unlawful search or an unlawful seizure—could render key evidence inadmissible. You should never plead guilty to a felony criminal offense in Florida without a careful evaluation of your rights. A top-rated Stuart, FL, criminal defense lawyer will scrutinize the arrest, review the collection of evidence, and assess all potential grounds to challenge the charges and/or challenge the evidence.
Consideration #2: The Strength of the Evidence Obtained By Police/Prosecutors
You should not accept a plea deal for a felony charge in Florida unless you know the police and prosecutors have sufficient evidence to obtain a conviction. Indeed, it is a big mistake to plead guilty to a charge that the prosecution cannot get a conviction for in a criminal trial. Remember, the law is clear: The burden of proof always rests on the shoulders of the prosecution. In Florida, the weight and admissibility of evidence collected by police or prosecutors will dramatically impact your case’s outlook. If the evidence against you is overwhelming and lawfully obtained, it might influence your decision to accept a plea bargain. On the other hand, weak or questionable evidence could improve your position in negotiations. It could be used to get you a better plea agreement, or alternatively, it may be a good cause to aggressively fight the charges.
Consideration #3: The Favorability of the Deal (Lesser Charge, Reduced Penalties, etc)
You cannot evaluate a plea agreement in a vacuum. Should you accept a plea bargain in a felony criminal case in Martin County? The answer depends, in large part, on the terms and conditions of the agreement. Indeed, the specifics of the plea bargain will always play a critical role in the decision-making process. In Florida, a favorable deal might include reducing a felony to a misdemeanor. That by itself can have a major impact on sentencing, future employment, civil rights, and even your ability to get records sealed. Evaluate the consequences of the proposed charges and penalties compared to the potential outcomes if the case goes to trial.
A Plea Bargain Comes From a Negotiation: Your Lawyer Can Help
A plea bargain is not merely an offer. It is the result of complex negotiations between your defense team and the prosecution. In other words, a plea agreement is a settlement of the case. Prosecutors do not simply offer favorable plea deals out of the goodness of the heart. They are doing so to get a conviction. That is a big deal—and you should get something in return for giving up your right to raise your defense in court.
Having an experienced lawyer can make a significant difference in securing a favorable plea deal. Your attorney’s ability to argue effectively for the exclusion of improperly obtained evidence or to challenge the credibility of the prosecution’s witnesses can shift the balance in your favor. Do not go it alone: Get help from a skilled Stuart, FL, felony criminal defense attorney.
Contact Our Stuart, FL, Felony Defense Attorney Today
At The Law Office of Denise Miller, PA, our Stuart, FL, defense attorney fights aggressively for justice for our clients. Have any questions about a plea bargain? We are more than ready to help. Contact us right away for a fully confidential, no obligation initial consultation. From our office in Stuart, we defend clients facing felony cases in Martin County and throughout all of Southeastern Florida.
