We never recommend accepting a plea agreement or agreement without talking to a criminal defense attorney first. Sometimes, prosecutors offer agreements to reduce the burden of their schedule, but also without allowing defendants to discuss their case with an attorney. The consequences may go beyond what is specified in agreements that are far-reaching and that must be taken into account. There is no right or wrong answer for each individual client, and there are many variables to consider, so when deciding whether to settle the guilty plea or go to trial, the guidance of a skilled and experienced criminal defense attorney can be priceless.
The Benjamin Law Firm can help you determine the strength of your case, negotiate the best possible plea agreement, and help you understand what the best strategic option is. Brock Benjamin has more than 100 cases before a jury, including acquittal for a misdemeanor of possession of marijuana, a federal crime of misdemeanor assault, a federal felony of assault, federal possession with intent to distribute it, and state charges of murder. There are also several convictions at stake. But judgment is not something to be feared, it just needs to be understood. A plea agreement occurs when a defendant and the prosecution agree, through negotiations, to plead guilty or not to contest a charge in exchange for an agreement not to bring the charges to trial.
Prosecutors are generally willing to negotiate a guilty plea to save the government the time and money involved in taking a case to trial, so they are often willing to reduce charges or accept a lighter sentence to encourage the defendant to accept the guilty plea offer. Negotiating a guilty plea, above all, saves both parties the stress and uncertainty of the trial, making plea negotiation a favorable option in many situations. On rare occasions, a defendant may accept a guilty plea without admitting guilt, which is known as “Alford statement”. In essence, the defendant does not admit the criminal act and maintains his innocence, but accepts, through a thorough review of the prosecution's evidence, that there is sufficient evidence to warrant a conviction at trial.
Texas allows Alford Pleas, but they are far from common. A trial without a jury has advantages and disadvantages. A trial without a jury generally removes emotions and prejudice, and the verdict will reflect only the facts and the law. This can be positive or negative, depending on your unique circumstances and the strength of your case. However, a clear advantage is that non-jury trials tend to be scheduled and resolved much faster than jury trials.
The decision of whether to proceed with a jury or a non-jury trial is vital, and an experienced El Paso criminal defense attorney can help you weigh your options in light of the strength of your case. It's important to make an informed decision when deciding whether to accept an agreement with the prosecution or to go ahead with the trial. This choice is very personal and depends largely on the specific circumstances of your case. It's critical to carefully weigh the benefits and drawbacks of each option, seeking the guidance of an experienced El Paso criminal defense attorney.
The Benjamin Law Firm is ready to leverage our experience, knowledge, and two decades of experience to ensure you achieve the best possible outcome. Trust Brock Morgan Benjamin, a pillar of the El Paso criminal defense attorney community, who is one of the few attorneys certified in Criminal Law by the Texas Board of Legal Specialization. That experience, along with his experience as a former prosecutor, gives Attorney Benjamin a valuable advantage, whether he's looking to negotiate a favorable plea agreement or present an aggressive defense at trial. Prosecutors will work to convince you that, by accepting your agreement with the prosecution, you could avoid being charged with a more serious criminal offence and, therefore, the penalties that this entails.
The fact is that prosecutors often reach a guilty plea agreement because the evidence against them is weak and, therefore, they cannot present solid arguments against them. Prosecutors don't want to lose in the trial and they are not your supporters or friends. Prosecutors represent the state and work based on the belief that you are guilty, regardless of the circumstances. When the evidence against you strongly supports your guilt, it can be advantageous to reach an agreement with the prosecution; however, when the evidence is weak or non-existent, accepting a plea agreement means facing criminal penalties that you would not otherwise have faced if you had gone to trial and won.
And that, in fact, changes the dynamic of deciding whether the defense attorney is going to advise his client to plead guilty or not. This offers the prosecution an opportunity to obtain a guilty plea, but it also generally allows the defendant a favorable sentence and a sense of relief to know what the outcome is. It can be safely said that the overwhelming majority of criminal cases never reach a judge or jury and are resolved through a plea agreement. If you are facing criminal trial, you and your criminal defense attorney should evaluate the risks of going to trial instead of agreeing to a plea agreement.
A plea agreement is often offered in criminal cases, but it's essential to fully understand how this decision could affect your legal situation. And in part, that's because many defense attorneys have the arduous task of convincing their clients to plead guilty because they know it's much better than if they go to trial. A judge can say: “In the case of those accused of minor crimes who are in pre-trial detention, if there is a guilty plea on the table for the time served, I will continue to accept the statement and release the defendant so that he has time to decide whether to accept it without the pressure of preventive detention. In the research I did for my book on plea bargaining, I opted for a de novo trial system like the one mentioned by Anjelica, but this one was in Salt Lake City.
This means that, unlike a non-prosecution agreement, which could be a private agreement between the parties, reaching an agreement with the guilty plea requires legal action. The sentences handed down after the trial without a jury were comparable to those of the people who pleaded guilty, but not to those who chose to a jury. If there was no incentive for the defendant to plead guilty and accept the offer, the system would literally shut down to a certain extent.
