Most criminal charges are resolved outside of court, and while this sometimes means the charge is dropped—or isn’t pursued—it often means that the defendant and the prosecution negotiate a plea bargain. While the term bargain makes it sound like you’re getting a good deal, that’s not necessarily the case.
Further, although defendants have the right to speedy public trials, the government’s approach often interferes with this right, and some defendants are pressured into pleading out. If you’re facing a criminal charge of any kind, it’s time to consult with an experienced Round Rock criminal defense attorney.
The Sixth Amendment Guarantees Our Right to a Speedy Trial
While there are few guarantees in life, the Sixth Amendment guarantees every criminal defendant the right to a public trial that is conducted without unnecessary delay, including the right to an attorney and an impartial jury.
According to the ACLU, too many defendants are retaliated against for asserting their rights during the plea bargaining process, including their right to a speedy trail.
Seeking Justice
Prosecutors are tasked with seeking justice in accordance with the law, which is not the same as simply tallying up convictions. The ACLU finds that too many prosecutors play a game of unfair hardball during the plea bargain process.
The bottom line is that if the defendant doesn’t accept what’s on offer prior to their preliminary hearing or before heading to trial, any offers that are extended at a later date are likely to be significantly tougher. In other words, defendants are incentivized to admit guilt and can be penalized for not doing so, and that is no bargain.
The Preliminary Hearing
The preliminary hearing in the Texas criminal justice system is the state’s chance to demonstrate that they have enough evidence to prove that a crime was committed and that the defendant is likely the perpetrator. The burden of proof required at this stage is probable cause, meaning the state must establish that its claim against the accused is reasonably believable.
The preliminary hearing is also the defendant’s first opportunity to see the strength of the case that the state has built against them. This can include evidence, eyewitness testimony, and anything else the state has, and it puts the defendant in a better position to make well-informed decisions in relation to plea bargaining.
Prior to their preliminary hearings, defendants often have nothing more than the police reports from the incidents in question, which generally isn’t enough to base a plea bargain on.
When It Comes to Plea Bargaining, Coercion Is Nothing New
While the constitution guarantees us a trial by our peers in the face of criminal charges, the vast majority of defendants make plea deals, meaning that most defendants plead guilty. Plea deals begin with the premise that the defendant admits guilt in exchange for whatever the bargain offers, which often translates to a lesser charge or sentence.
The U.S. Supreme Court puts it this way, plea bargaining . . . is not some adjunct to the criminal justice system; it “is” the criminal justice system. In other words, federal and state governments are increasingly turning to strong-arm tactics like the following to frighten defendants into accepting plea bargains that they might have otherwise rejected:
Overly aggressive bargaining tactics
Withholding exculpatory evidence – or evidence that strengthens the defendant’s case
Mandatory minimum sentences
Pretrial detention
If you’re facing a criminal charge, the stakes are high, and the cards are stacked against you – reach out for the skilled legal guidance of a dedicated criminal defense attorney today.
Overly Aggressive Bargaining Tactics
Texas A&M University School of Law published a study addressing when prosecutors cross the line regarding their plea-bargaining tactics. The sobering statistic that well over 90 percent of all criminal cases in this country skip a trial and are resolved through plea bargaining highlights the fact that virtually every defendant is affected by the state’s plea-bargaining methods.
The fact that the state faces very few restrictions regarding plea bargaining and the rights of the defendants who participate leaves the accused even more vulnerable to bad plea deals. One of the most serious challenges is that prosecutors often turn to aggressive tactics, which translate to coercive bargaining that doesn’t necessarily take the defendant’s rights into consideration.
Examples include:
Exploding offers that expire before the defendant has a handle on the strength of the state’s case against them
Threats regarding added on enhancements, including the death penalty in very serious cases
Take it or leave it offers that allow no room for negotiations
Ultimately, this take-no-prisoners approach funnels far too many innocent defendants into guilty pleas. This intense pressure to strike a deal – and plead guilty in the process – serves another highly specific purpose for the prosecution, which is leading defendants away from legal motions against the state, such as for illegal search and seizure.
Withholding Exculpatory Evidence
Exculpatory evidence refers to evidence that tends to support the defendant’s innocence. While the prosecution is required to share such evidence with the accused, they – all too often – conveniently forget to do so. Withholding advantageous information from the defendant affords the state leverage when it comes to obtaining plea deals that bolster its conviction record.
Mandatory Minimum Sentences
Mandatory minimum sentences are another tool in the prosecutor’s belt when it comes to pushing through plea bargains that aren’t a bargain at all. Mandatory minimum sentences refer to state statutes that specify the least amount of time anyone convicted of the crime in question will be required to serve. These sentences generally apply to gun and drug charges.
These minimums are set by state legislature, which means that judges play no role in the process. However, judges are bound to employ the minimum punishment requirements – regardless of the specific circumstances involved in the case.
As a result, those convicted of certain nonviolent crimes can expect to spend time behind bars, which motivates many innocent defendants to strike deals rather than risk serving time.
Pretrial Detention
Pretrial detention is another contender when it comes to methods of strong-arming defendants into plea bargains in Texas. A report published by the Vera Institute of Justice shares that about 66 percent of those held in jails locally run throughout the country are presumed innocent, haven’t been convicted, and are simply awaiting their day in court.
Consider the following two statistics, which highlight this population’s explosion over the years:
From 1979 to 2015, this pretrial population more than quadrupled – increasing from nearly 83,000 to nearly 442,000.
Over the years, the pretrial population has come to represent a larger percentage of the total jail population.
The study relays all the following findings in relation to pretrial detention and plea bargaining:
Those who don’t face pretrial detention are in a far better bargaining position.
Those who aren’t detained prior to trial are less likely to plead guilty in the first place and are more likely to prevail at trial.
Those who are detained prior to trial are more likely to plead guilty – regardless of how strong their case is and regardless of their innocence.
The effects of pretrial detention on conviction rates are even more pronounced for those facing relatively minor charges and who, therefore, expect to receive credit for time served. As such, admitting guilt and accepting a plea deal can allow them to avoid additional jail time.
For misdemeanor charges, pleading guilty can be the fastest track out of detention. This pushes many who are detained prior to trial to accept less-than-favorable deals simply to get out of jail. This quick turnaround can be particularly tempting for those haunted by the risk of losing custody of their children, losing their jobs, or losing their housing while detained.
The Intersection of Pretrial Detention and Increased Arrest Risk
Studies find that there is a strong correlation between pretrial detention and an increased risk of being arrested in the future. While the exact cause is unknown, experts believe the following factors play a role:
The weakening of relationships and ties to the community, which are closely associated with decreased risk of future crimes
The likelihood that those who experience pretrial detention will plead guilty – regardless of innocence – and will, therefore, have criminal convictions on their records, which is closely associated with an increased risk of arrest
The job loss associated with incarceration and the fact that finding a job with a criminal record is far more difficult
Generally, the state is more likely to slap a person with a charge—or to seriously pursue a conviction—if they already have a conviction on their record than when the defendant has a clean record. In other words, a charge may be dismissed for a defendant who doesn’t have a criminal record, but this is far less likely to happen for those who do.
The Path Forward toward Release or Detention
While the matter of whether a defendant is released or detained prior to trial is often considered in the context of a single event, it is actually resolved in relation to the culmination of a sequence of decisions that are made by various involved parties. Consider the following factors which make up the process:
Whether or not monetary bail is set, and if so, its amount
Whether bail needs to be fully or partially paid in order to secure release
Whether any conditions of release are set, such as whether supervision is required
Whether or not a plea bargain will be offered
Whether the charges will be dropped or reduced
Protecting your legal rights at each of these junctures is paramount, and for that, having trusted legal counsel in your corner is always advised.
A Texas Study
The Vera Institute cited a Texas study involving nearly 381,000 defendants who were facing misdemeanor charges in one county. Those who could not bail out within seven days of their bail hearings were 25 percent more likely to be convicted of the charges they faced than those who could cover their bail and gain release as a result.
Those who were unable to afford their bail were also 25 percent more likely to plead guilty.
Ultimately, even a few days of pretrial detention can lead to negative consequences, including:
An increased risk of being found guilty
Decreased housing stability
Adverse employment conditions
Increased risk of future criminal charges
Increased risk of adverse child custody outcomes
Know Your Rights
You have the right to a speedy trial, and while taking your case to trial isn’t always the best path forward, it’s important to protect this right and leverage it in relation to a resolution that favors you – rather than the state.
To do this, you need focused legal representation on your side. Your practiced criminal defense attorney will make sure you understand your rights, know how best to protect them, and make the right decisions for you along the way. Sometimes, a plea bargain is a good deal, and sometimes, it’s not, and the answer lies in the unique circumstances of your case.
Consult with an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas for decades – is a formidable criminal defense lawyer who is well positioned to help guide your case toward an optimal outcome.
Learn more about what we can do to help you by contacting or calling us at 254-781-4222 and scheduling your free consultation today.