Facing a drug offense charge can be an overwhelming experience for defendants and their families alike. The stakes are high, with potential consequences including fines, probation and even significant prison time. As a result, defendants and their loved ones need to be as informed as possible about their options as their cases evolve.
One of the most consequential decisions that many defendants must make is whether to accept a plea deal or proceed to trial. Each option features distinct advantages and risks, and understanding these choices can help those facing potentially life-altering legal concerns to make informed decisions.
Plea deals: Accept or reject?
A plea deal, or plea bargain, is an agreement between a defendant and the prosecution. In exchange for a guilty or no-contest plea, the prosecution may reduce the charges at issue, recommend a lighter sentence and/or dismiss certain counts. Plea deals are common in drug offense cases, as they can potentially save time and resources for both sides.
On the “plus” side for a defendant, plea agreements often result in less severe consequences compared to those imposed after a trial conviction. For example, a felony drug charge may be reduced to a misdemeanor. Additionally, by accepting a plea, defendants avoid the uncertainty of a trial, where the outcome depends on a judge or jury.
On the flip side, accepting a plea means giving up the right to a trial and potentially the ability to appeal later. A guilty plea also becomes part of a defendant’s criminal record, which can have lasting consequences for employment and housing opportunities, among others.
Going to trial
Some defendants may feel pressured to accept a plea deal, regardless of their circumstances. Yet, opting for a trial allows a defendant to present their case before a judge or jury, relying on evidence presented and arguments made by their defense attorney. While trials carry greater risks, they also provide the opportunity to fight for an acquittal.
There is no single “right” way to navigate the decisions that must be made as a drug offense case evolves. Every criminal case is unique. As a result, it is generally wise for those who have been accused of wrongdoing to seek personalized legal guidance before making any major strategic decisions, one way or another.