If you are currently facing criminal charges in San Diego and you are new to the criminal justice system you undoubtedly have numerous questions and concerns about the process and the possible outcomes. One question that you will likely be faced with at some point down the road it “Should I take a plea agreement?” Ultimately, only you can answer that question after consulting with your San Diego criminal defense attorney; however, there are some common factors people consider when deciding if a plea agreement is the best route to take.
Although there are some cases in which the prosecuting attorney never offers a plea agreement to the defendant, those cases are rare. Typically, a plea agreement will be offered early on in the prosecution of a misdemeanor case and a bit later on for more serious charges. As a general rule, the more serious the charges the longer it will take before the State of California feels comfortable offering a plea agreement.
A plea agreement is an agreement reached between you and the State of California. You will be required to plead guilty to a criminal offense if you accept the plea agreement. Many defendants, particularly those who have never been through a criminal prosecution before, are determined to take their case to trial. A trial by jury is certainly your right; however, there may be good reasons to consider accepting a plea agreement, including:
- Evidence – you have to be realistic when you evaluate the evidence the State of California has against you. If the evidence appears overwhelming, and your attorneyagrees that the State has enough evidence to convict you, negotiating a plea agreement may be in your best interest.
- Dismissal/reduction of charges – California has a number of “wobbler” offenses that can be charged as wither a felony or a misdemeanor. If the plea agreement will drop a felony to a misdemeanor it is worth considering, Likewise, if you have been charged with multiple offenses and the State is willing to dismiss the more serious offenses you may want to consider a plea agreement.
- Risk – taking a case to trial is always a risk. Even the best criminal defense attorney cannot guarantee what a jury will do. If a plea agreement removes the most serious risks you may wish to consider accepting it. For example, if the charge you are accused of could send you to prison and the plea agreement removes that possibility it certainly bears consideration.
Before making a decision one way or the other regarding a plea agreement in San Diego take plenty of time to consider your options and consult with your defense attorney. Keep in mind as well that you are not required to accept the first plea agreement offered by the prosecutor. On the contrary, in most cases the defendant’s attorney and the prosecutor spend a considerable amount of time negotiating a plea agreement before the final version is signed by the parties.
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