When offered a plea deal, a common first instinct is to accept it out of fear of harsher consequences. Clients often feel rushed to sign a plea offer before fully understanding the terms or taking the opportunity to discuss the terms with their legal counsel.
Having a local Redwood City attorney with the Law Offices of M. Gabriela Guraiib review any criminal plea agreement will help position you and your case for the best possible outcome.
Understanding how plea deals actually work, the process of bargaining and how your attorney will advocate for you, and the factors that go into deciding whether to accept a plea offer can seem daunting. Still, the Law Offices of M. Gabriela Guraiib can help demystify all aspects of a plea deal and the impacts you face.
What a Plea Deal Actually Is
Plea bargaining is when a defendant pleads guilty or no contest to some or all of the charges in exchange for concessions from the district attorney and the prosecution. These concessions can include reduced charges, dismissed counts, lighter penalties, or a sentencing recommendation upon which both the defense and the prosecution agree.
Both pleas of no contest and guilty will result in a conviction, but will have different impacts in civil cases. A no contest plea cannot be considered an admission of guilt for a civil lawsuit – if the criminal charges involved injury to a victim, a no contest plea could not be used as evidence to prove the defendant liable in a civil lawsuit by the victim later, while a guilty plea can, since it is an admission of responsibility. Since both no contest and guilty pleas typically result in a conviction, they can have immigration and licensing impacts that must be carefully considered and discussed with your criminal defense attorney at the Law Offices of M. Gabriela Guraiib.
Taking a plea deal always remains your choice, and is not the default outcome or strategy, and it might be in your best interest to proceed to trial, as the burden of proof lies with the district attorney. States M. Gabriela Guraiib, “I could be there sitting at my desk, pretty much doing nothing, presenting no witnesses, presenting no evidence. And guess what? I don’t have to, because the district attorney is the one who has to prove my client guilty beyond a reasonable doubt.”
What Prosecutors Weigh Before Extending an Offer
There are many components of the case that prosecutors weigh before extending a plea offer:
- Strength of the evidence: Does the prosecutor believe they have a substantial case against you, and is that evidence compelling enough to get a jury to find in their favor? Or is the evidence circumstantial and a shaky foundation for the case?
- Case backlog: Are there currently a large number of cases on the prosecutor’s desk that require attention and/or trials, and do they feel their time can be better spent on those?
- Victim input: What kind of history does the victim have, are they a reliable witness, are they willing to speak to the court about how they have been impacted, are they pushing for a trial or a quick resolution? These factors are all taken into account when determining whether a plea will be offered.
- Defendant’s record: Is this a first-time offense, or is the defendant a repeat offender? Is there a pattern of escalation? Does the defendant seem likely to reoffend?
The first offer from the prosecution is a starting point, not the final determination. Once you have received a plea offer, discuss it with your criminal defense attorney to begin negotiations. As part of plea bargaining, your attorney can argue for lesser sentences, charge reduction from a felony to a misdemeanor or a lesser degree of felony, sentence diversion, or deferred adjudication. A plea can undergo several revisions before both the prosecution and the defense are satisfied, which is why it is paramount that you do not accept a plea bargain in a California criminal case without discussing it and your options with an attorney.
What’s Actually Being Negotiated
In a plea bargaining negotiation, the negotiation primarily targets the charge itself, and the sentence is secondary. When charge bargaining, the type and severity of the charge is the item being negotiated, and “I have the ability to try to persuade the court and the district attorney to reduce charges if they are wobblers or reducible charges,” says M. Gabriela Guraiib. In a practical application, this can look like negotiating for drug trafficking charges to be brought down to drug possession charges, which can convert a felony to a misdemeanor and protect you from any potential immigration or licensing impacts.
In the case of a suspended license due to a DUI charge, “You have to either negotiate that for a different type of vehicle code violation that doesn’t require a minimum jail time, or you can ask the court to allow the client to serve the jail time through the alternative sentencing program through the sheriff.” A Vehicle Code § 23152(b) offense (DUI) can sometimes be negotiated down to a Vehicle Code § 23103 wet reckless charge with the prosecution, resulting in lesser sentencing and smaller fines than a DUI charge presents.
The specific elements of a crime matter, and each case is unique – “The cake needs flour, eggs, milk, and lemons in order to be a lemon cake… It is a cake, but it’s not a lemon cake.” The individual ingredients of the case are integral in negotiating a plea, and they cannot be evaluated as a generality, which is why speaking with a criminal defense attorney well-versed in plea bargaining is the first step before accepting a plea deal.
When There’s No Clean Not-Guilty Defense: Mitigation
Mitigation packets are a strategy to show who the defendant is outside of the circumstances of the criminal proceedings. They can include documents describing your childhood and its impact on your development, your employment history, relationships and character testaments from others, any problems and struggles you’ve faced and had to overcome, and what actions you’ve taken in your life to address your history and learn from it. Presenting a mitigation packet is not arguing for your innocence; rather, it shows that there is context and history that should shape how your case is adjudicated.
When entering a plea of no contest or guilty, a mitigation packet can help reduce sentencing even when the charges themselves cannot be reduced: “Some charges are not reducible, but I work on mitigation packets… some cases fall into the category of mitigation. So sometimes you focus on the best outcome based on the best defense that particular set of facts bring,” advises M. Gabriela Guraiib. Skilled defense strategies are not limited to “fight or fold”; a large aspect of them involves shaping the outcome within the plea by providing supplemental information, such as a mitigation packet, to give you your best case scenario.
The Long-Term Consequences of Pleading Guilty or No Contest
As both guilty and no contest pleas typically carry convictions, there are long-term consequences to them.
- Employment: Background checks will show a conviction on your record, and you will not be able to state that you have not been convicted of a crime on any applications. This can bar you from professional opportunities and limit your options.
- Professional licensing boards: Many professional licensing boards, such as nursing, finance, or education, require clean criminal records. These boards can revoke or deny a license should you have a conviction on your record.
- Immigration Status: No contest pleas often count as convictions for immigration purposes; speak with a California attorney versed in no contest plea immigration consequences at the Law Offices of M. Gabriela Guraiib for immigration specific advice before accepting a plea deal. Our attorneys may be able to negotiate a felony charge down to a misdemeanor during the plea bargaining to shield you from some immigration consequences.
- Housing: While a landlord cannot have a blanket policy against renting to a tenant with a criminal history, they can utilize conviction information in a background check to deny an applicant. They must review mitigating circumstances and information, but if they can show reasonable suspicion that your conviction directly relates to your ability to be a good tenant, they can legally deny your application.
- Firearm ownership: A felony conviction typically strips an individual of their rights to own, possess, or purchase a firearm, usually for life in California. Depending on the charge, if your attorney is able to bargain with the prosecution to negotiate any felony charges down to lesser misdemeanors, you may retain your firearm ownership rights after a suspension period.
Should You Take the Deal? Why There’s No Formula
One of the biggest questions that plagues a defendant in a California criminal case is, “Should I take a plea deal if offered?”
Unfortunately, this is not a one-size-fits-all answer. “Each case is different, and it’s very important to have a very unique analysis of the case, not to enter into some sort of a cookie cutter,” according to M. Gabriela Guraiib. The factors for each case must be reviewed and weighed to determine if taking a plea bargain is in your best interests.
- Evidence strength: If the deal is particularly favorable, it might be because the prosecution’s evidence is not as strong as they’d like, and they are hoping to resolve the case quickly without the risk of losing at trial. Your attorney will review the evidence the prosecution has and advise you on whether they think you have a better chance going to trial instead of accepting the plea deal.
- Exposure if convicted at trial: Defendants who lose and are convicted in a trial often face the “trial penalty”; that is, they typically receive longer and harsher sentences than what was offered in the plea deal. One of the contributing factors to this is that during a plea negotiation, the prosecution is able to make a sentencing recommendation to the judge; once a conviction occurs at a trial, this recommendation is not present. Additionally, while a plea offer might include reduced charges or counts, a trial conviction is for the original, higher-level charges.
- Personal circumstances: Accepting a plea offer can help a defendant start to rebuild their life sooner, taking steps to rehabilitate and show growth, which can open avenues for record dismissal or expungement.
Why Independent Legal Counsel Matters Before You Decide
Plea offers from the prosecution are presented as time-sensitive by design – the prosecution is working to clear the case from their docket as quickly as possible so they can allocate time and resources to more serious cases. While it may seem like accepting the first plea offer is your only option, it is crucial you speak with independent counsel before making any decisions. Your attorney will work for you, in your best interest, by reviewing evidence, negotiating alternative plea arrangements, and explaining any collateral consequences that are not immediately apparent, such as immigration fallout.
Before you respond to any plea offer, whether your instinct is to accept it or deny it, consult with an attorney experienced in criminal defense plea bargaining at the Law Offices of M. Gabriela Guraiib.
Talk to a Professional Defense Attorney First
Communicating with your legal counsel on whether you want to accept or reject a plea is the smart strategic decision. Don’t allow yourself to be pressured into a snap judgment when it may not be in your best interests and your attorney could negotiate a better deal for you. Schedule a consultation today with the Law Offices of M. Gabriela Guraiib before you respond to any plea offer.
