Hollywood blockbusters and New York Times best-selling books like to give us the impression every criminal case is headed for trial. If you have recently been charged with a criminal offense, you may be concerned trial is your best – or only – option for resolving your case. The reality is only a small percentage of criminal cases are actually resolved at trial. Some are dismissed for one reason or another; however, the vast majority of criminal prosecutions are resolved through the negotiation of a guilty plea agreement. If you would prefer to avoid a trial, accepting a plea agreement may be the right decision for you. How do you know it is the right decision? Do you need a criminal defense attorney to negotiate a plea agreement on your behalf? How do you know it is a good plea agreement?
The Trial Myth
When was the last time you read a legal thriller which included a plea agreement instead of a jury trial? If you can’t remember, it is probably because there are very few. Plea agreements are hardly full of suspense and cliff-hangers like jury trials can be. In real life, however, the odds of your case ending in a jury trial are slim. If you did commit the offense for which you have been charged, your case will most likely end in a guilty plea. The risk both sides take when a case goes to trial is great because each side either wins big or loses big – there is no “half guilty” verdict. The cost of a jury trial for the State and the Defendant is also great, both in terms of time and money. The bottom line is there are a number of factors that provide an incentive to both the State and the defense to resolve a criminal prosecution through a negotiated plea agreement. Of course, if you did not commit the offense—if you are innocent – a guilty plea agreement is not an option.
Why Do I Need a Criminal Defense Attorney? Can’t I Just Accept the Plea Agreement the Prosecutor Offers Me?
To be clear, there is no law requiring you to retain the services of a criminal defense attorney. You may proceed pro se (without counsel) if you so choose. However, it is not in your best interest to go through a criminal prosecution without an attorney on your side. It is certainly not wise to try and negotiate your own guilty plea agreement nor is it a good idea to simply accept the first plea agreement offered to you by the prosecuting attorney. It is a myth that all plea agreements are the same. While it may be the case the prosecutor tends to start out with a “standard” plea agreement, most of the terms of a plea agreement are negotiable. Having an experienced criminal defense attorney negotiating those terms can make a significant difference in the end result. Some common terms that might be negotiable include:
- Diversion – an attorney might be able to get you accepted into a diversion program which would avoid a conviction on your record after successful completion.
- Jail time – your attorney may be able to negotiate a plea without any jail time or get the prosecutor to agree to reduce the jail time.
- Probation – the length, type, and terms of probation may be negotiated. Your attorney might get a reduced period of probation, non-reporting probation, and/or more lenient terms.
- Fines, fees, costs – a conviction can be expensive. Your criminal defense attorney may be able to get some of those costs reduced or waived altogether.
- License revocation – if your conviction threatens your ability to drive, your attorney may be able to get the prosecutor to agree to a reduced term of revocation or to a hardship license.
As you can see, the terms which may be negotiated on your behalf by your criminal defense attorney are significant. A favorable change in just one or two of these terms could make a huge difference in your life post-conviction, making it more than worthwhile to consult with a criminal defense attorney before accepting a plea agreement.
Contact Us
If you have been charged with a criminal offense in the State of Nebraska and are considering entering into a guilty plea agreement, it is certainly in your best interest to consult with an experienced Nebraska criminal defense attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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