Should you accept a plea deal in Washington? Learn what to consider before pleading guilty, including evidence, sentencing, defenses, risks, and long-term consequences.

Have you been charged with a crime and have the prosecutor made you a plea offer? Should you accept the offer and the charge of guilt?

There is no universal answer.

Some people feel that accepting a plea offer will reduce the risk of a negative trial outcome; on the other hand, accepting responsibility for crimes that one did not commit can have severe long-lasting consequences. In evaluating a plea offer, one must be aware of the terms of the offer and the full extent of the consequences of accepting that offer, as well as the potential consequences of rejecting the offer and proceeding to trial.

You must enter into a guilty plea voluntarily and with a complete understanding of the charge(s) to which you are entering the plea and all of the consequences of your guilty plea. Additionally, pleas entered into as part of a plea agreement are governed by the Washington Rules of Criminal Procedure pertaining to such agreements and when a guilty plea entered as part of a plea agreement can be withdrawn.

What Is a Plea Deal?

The term “plea deal” refers to the negotiated agreement that can be made between a defendant and a prosecutor regarding the terms of a guilty plea in a criminal case.

Depending on the circumstances of your case, a negotiated resolution can be to:

  • Pleading guilty to a particular charge
  • Reducing or dismissing certain charges
  • Agreeing to a sentencing recommendation
  • Resolving multiple charges through an agreed disposition
  • Addressing other terms permitted under applicable law

The exact terms vary from case to case.

A negotiated resolution of a criminal case is not always “good” for the accused simply because it avoids trial. All of the terms and conditions of a proposed plea agreement must be carefully reviewed and considered against the alternative of continuing to litigate the case.

Should I Accept a Plea Deal?

Not until you understand all of its consequences.

Consider the following questions before you accept a plea agreement:

  • What charges will remain after the agreement?
  • What sentence could the court impose?
  • What sentence is the prosecutor recommending?
  • What if the judge rejects the prosecutor’s recommendation for the sentence to be imposed?
  • What rights would you give up by pleading guilty to this crime?
  • What are the potential consequences of a conviction?
  • What evidence does the prosecution have?
  • What defenses may be available?
  • What are the realistic risks of going to trial?
  • Could another agreement be negotiated?

All of these questions can be answered based on the specific facts of a person’s case as well as the applicable law.

Why Do Prosecutors Offer Plea Deals?

Plea negotiations can benefit both the prosecution and the defendant.

From the prosecution’s perspective, a negotiated resolution provides a way for them to reach a conclusion to a case without having to go to trial and take the risk of losing.

The agreement is also in your best interest as it presents a final resolution to your case with lesser risks than going to trial.

There are several instances in Washington law where a plea agreement is appropriate including when there are evidentiary problems, there are mitigating circumstances, or there was error in the initial charging decision.

Just because a prosecutor has offered you a plea deal, however, doesn’t mean you have to accept it.

Potential Benefits of Accepting a Plea Deal

Accepting a plea agreement could be advantageous for you in a number of different ways.

Reduced Charges

It may mean that you are charged with fewer crimes or less serious crimes than you were originally charged with.

This can result in less serious charges or fewer counts being filed against you.

Greater Predictability

Going to trial creates uncertainty.

There is a negotiated agreement that you can understand prior to you deciding whether to accept it or not.

Remember though, just because you have agreed to the terms and conditions of a plea agreement, does not mean the court has agreed to them. Until your attorney advises you what the terms and conditions of the agreement are, and how the court will dispose of the case, you never know for sure what will happen.

Avoiding a Trial

Additionally, a trial can be long and draw out over time. At trial, you could be required to give evidence and the proceedings could consist of hearings and days of preparation before the case goes to trial and a verdict is returned.

A plea agreement can help you avoid going to trial which can save a great deal of time and allow you to avoid testifying at trial.

Potentially Lower Penalties

In some instances, the terms of the plea offer may even be less severe than what you could receive if you were to be found guilty of the originally charged offense(s).

Whether or not an offer represents real advantages over the charges with which you are accused can only be determined after careful comparison with the applicable sentencing statutes and your individual circumstances.

Potential Risks of Accepting a Plea Deal

A plea agreement also carries risks.

You May Give Up Important Rights

You also risk giving up important trial-related rights.

The forms currently in use by the courts for guilty pleas to inform the defendant of the consequences of his or her guilty plea and the rights that he or she will surrender by entering a guilty plea, including the right to appeal following a guilty plea.

These are rights that you should be aware of before you decide to enter a plea of guilty.

A Guilty Plea Can Have Long-Term Consequences

When a person is found guilty of a crime, the consequences can extend far beyond the sentence imposed by the court for the individual offense.

Depending on the offense for which you have entered a guilty plea and the specific circumstances of your case, your criminal conviction could impact your:

  • Employment opportunities
  • Professional licensing
  • Housing
  • Education
  • Immigration status
  • Firearm rights
  • Driving privileges
  • Future criminal sentencing
  • Other civil or legal rights

These consequences depend on a variety of factors including the nature of the crime(s) for which you have been charged and your individual circumstances.

The Judge May Not Be Bound by Every Recommendation to Sentencing in Your Case

Plea agreements are misunderstood by many as binding the judge to the prosecutor’s recommendation for the negotiations of the agreement.

Such rules pertaining to guilty pleas, including those related to plea agreements and sentences, concern a court’s review. A defendant must be fully informed as to the terms and conditions of his/her plea prior to said court accepting such plea.

Your attorney will outline whether the agreement is binding and what the different parts of the agreement (such as what the prosecutor has agreed to recommend to the court) mean in terms of the court’s discretion.

What Should I Consider Before Accepting a Plea Deal?

  1. The Strength of the Prosecution’s Evidence

One of the first things your attorney will likely be looking for in reviewing the evidence against you is sufficiency of proof.

This may include:

  • Police reports
  • Witness statements
  • Surveillance video
  • Body-camera footage
  • Text messages
  • Social media evidence
  • Physical evidence
  • DNA or forensic evidence
  • Medical records
  • Expert testimony
  • Other digital evidence

A case that seems open and shut to the prosecution may have hidden weaknesses which are exposed by our investigation.

  1. Your Potential Defenses

An overview of possible defenses that can apply to any given charge of misconduct before you go and enter a guilty plea.

Depending on the allegations, potential issues could involve:

  • Identification
  • Self-defense
  • Lack of intent
  • Mistaken allegations
  • Insufficient evidence
  • Constitutional violations
  • Unlawful searches or seizures
  • Improper statements
  • Witness credibility
  • Problems with forensic evidence

All available defenses will be discussed with reference to the facts of your case.

  1. The Potential Sentence

Remember to look at the potential sentencing as well as the charged offense when evaluating a plea offer.

You should also understand the potential sentencing consequences.

The forms for guilty pleas require a defendant to acknowledge information about matters such as the standard sentence range, prior criminal history, maximum penalties for the crime(s) charged and other relevant consequences should he or she go to trial.

Your attorney must explain how the sentence proposed in the agreement compares to the sentence you could receive if you go to trial and lose.

  1. Your Criminal History

Your prior convictions can affect sentencing in Washington.

Your attorney must also review your prior criminal history before advising you whether to accept a plea offer.

Even if a seemingly good offer is extended, prior offenses can have very different consequences.

  1. Collateral Consequences

Some consequences are not obvious from the given sentence.

For example, a conviction for commercial driving may impact your ability to drive for a living; or a domestic violence conviction may negatively impact your ability to work with children.

If any of these apply to you, you should discuss them with the attorney prior to entering a guilty plea.

What Happens If I Reject a Plea Deal?

Rejection of a plea offer does not automatically mean a case will go to trial.

The case can continue through the pretrial process.

Your lawyer will continue to gather evidence, file additional motions, negotiate with the prosecutor, or prepare your case for trial.

Keep in mind though that the prosecutor has no obligation to re-offer the same terms at a later time.

So be sure to discuss the potential consequences of your decision to reject a prior offer with your attorney.

What Happens If I Accept a Plea Deal?

Plea Hearings, where guilty pleas are entered, follow set procedures which must be followed by the Court.

The Court will determine whether your guilty plea was entered into voluntarily, comprehending the nature of the charges and the possible consequences thereof and that there is a sufficient factual basis for same.

This will usually involve the defendant reviewing and signing the necessary papers to enter a guilty plea and the court conducting a factual basis for the defendant’s guilty plea.

For some crimes, the judge may also set a date for sentencing. For others, the judge may send the case back to another day for sentencing.

Guilty plea forms for Superior Court and courts of limited jurisdiction are available on Washington Courts. The forms are current.

Can I Change My Mind After Accepting a Plea Deal?

Don’t assume that you can change your mind after pleading guilty.

Remember that Washington’s CrR 4.2 provides for withdrawal of a guilty plea as necessary to correct a manifest injustice.

This is why you should be very serious when deciding to enter a guilty plea for your crime.

Please contact us if you have concerns regarding a prior guilty plea and possible withdrawal from the same.

Is a Plea Deal Better Than Going to Trial?

That depends on the case.

A plea agreement is usually better than going to trial when there is substantial risk of serious consequences at trial and the agreement provides for a substantial reduction in sentences that could be imposed.

Going to trial is usually best when there are strong issues with the admissible evidence against you, when important constitutional rights are at issue, or when the agreement does not fully address the circumstances of your case and resulting consequences.

There is no universal formula.

Individual circumstances must be weighed when considering whether to go to trial or accept a plea agreement.

Questions to Ask Your Criminal Defense Attorney Before Accepting a Plea

Before making your decision, consider asking:

  • What exactly am I pleading guilty to?
  • What charges will be dismissed?
  • What sentence will the prosecutor recommend?
  • Is the judge required to follow that recommendation?
  • What is my potential sentence if I go to trial?
  • What evidence does the prosecution have?
  • What weaknesses do you see in the prosecution’s case?
  • What defenses could we raise?What rights am I giving up?
  • Could this conviction affect your employment or professional license?
  • Could it affect my immigration status?
  • Could it affect my firearm rights?
  • Are there additional conditions attached to the agreement?
  • What happens if I violate the agreement?
  • Is there room to negotiate better terms?

Getting clear answers will help you to make an informed decision.

Why You Should Not Accept a Plea Deal Under Pressure

Pressure from Jail, Prison, Fines, or the Impact of a Conviction

However, there are many consequences of a guilty plea that you should know about before making a decision.

You should have enough information to understand:

  • The charges against you
  • The evidence
  • Your legal options
  • The potential sentence
  • The consequences of a conviction
  • The terms of the proposed agreement
  • The risks and benefits of going to trial

Your attorney’s job is to inform you of all of your options and help you make the best decision for your situation.

How a Vancouver, WA Criminal Defense Attorney Can Help

At Mcaleer Law, we can help by reviewing the terms of any plea agreement offered in your case, and then help compare that to what you might receive were you to allow your case to proceed to the sentencing phase of the case.

Every case is different. What would constitute a good plea agreement for one defendant may not be suitable for another.