I Have Been Offered A Plea Bargain Instead Of Going To Trial In Federal Court. Should I Accept The Plea Bargain?
It is impossible to provide a general answer to this question. However, most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things are to make sure you understand all the consequences of the plea bargain and to make sure you have confidence that your lawyer is doing everything possible to represent you.
Here are some things to make sure you understand before accepting a plea bargain in federal court:
(1) What will you be admitting to?
(2) What are the consequences of taking the plea bargain?
(3) Do you fully understand how the sentencing guidelines will affect your case and whether you will be eligible for a downward departure or subject to an upward departure?
(4) Are there any mandatory minimum sentences that apply to your case?
(5) If you are not a United States citizen, will the plea bargain affect your ability to remain in the United States?
(6) If there is a sentence of confinement, do you understand how “supervised release” works?
(7) Are you waiving your right to appeal the application of the sentencing guidelines or will you be able to appeal how the trial judge applies the guidelines? Ask questions.