Home >> 6 Myths About Plea Bargaining

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1. The District Attorney seems friendly, so he has my best interests in mind here.
The District Attorney has one thing on his mind.and that's getting a guilty plea. It makes him look good, and if he can get you to plead out, he can save the county time and money. The D.A. will come in, say that he understands your situation, agree with everything that you say, than force you to accept an unreasonable plea offer with a smile on his face! A good defense attorney knows the penalties and whether or not they are pertinent for your particular case. He will be able to see through the D.A.'s fog of niceness and discover the true motives behind the plea offer.

2. Jailhouse lawyers tell people not to take the first offer, so the plea offers must get better with time.
The plea offer will only get better if the case falls apart for the District Attorney. On the other hand, if the case gets stronger (via enhancement filing, additional witnesses, discovery of strikes and/or prior convictions, etc), than the D.A.'s offer will get worse and worse. There have been many defendants that have rejected the first offer of minimal jail time and probation, only to find themselves with lengthy jail sentences, or even life in prison.

3. If the District Attorney makes a low offer, he knows how weak his case is, and will dismiss if I reject his offer.
While this may be true to an extent, the D.A. may come back with a worse offer. Refer to the answer listed above.

4. The District Attorney will not spend the money to take the case to trial.
The D.A.'s office loves to spend money, and the local governments are very happy to spend more cash in fighting crime. The more money that they spend, the more money that they can ask for from the County. Sometimes the D.A.'s office may balk at the cost of flying a witness across the country to appear at a misdemeanor trial, but most of the time money is not a consideration.

5. The District Attorney can't prosecute the case because the victim does not want to press charges.
Many unwilling victims are forced to come to court and testify against their will every year. The D.A. - not the victim - decides to press charges. If a victim is totally uncooperative or disappears, that may help a great deal to resolve your case. Cops and D.A.'s sometimes use all sorts of threats and intimidation in order to get people to testify. Victims are sometimes told that Child Protective Services will take their children away if they do not testify. They are also threatened with prosecution if they have any type of prior record. If a person does not show up for court the judge will issue a bench warrant for their arrest. If someone refuses to testify they risk being held in contempt by the judge and put in jail until they testify. In this situation, it is better for the person to refuse to take the oath and say nothing else. That may not, however, keep the person from being harassed in many other ways. Almost all of the so-called victim's rights laws passed in the passed few decades are designed to make it easier to get convictions, not to protect victims. The most fundamental civil right that we possess is the right to be left alone. That right may be given little notice if the D.A. thinks that someone is a victim and wants their testimony. A person caught in this situation would be wise to seek the advice of legal counsel.

6. It is my word against the victim's word. A jury won't convict me on such flimsy evidence.
State and Federal law states that the testimony of a single witness is sufficient to convict a person if it is believed by a jury. Jurors in the Houston/Galveston area are very trusting of the government, and if the D.A. tells them that this single witness is telling the truth, they are going to believe him more often than not. If there is only one witness against you, and you receive a plea bargain from the D.A.'s office, you are wise to review your case thoroughly before you reject the plea offer. What is the evidence against you? Who are the witnesses? What is the risk of going to trial? Make a list, consider your options, think long and hard about the prospect of spending time in jail, and consult your attorney in order to make the most informed decision possible. Taking a plea bargain or going to trial are decisions made by the client, not he D.A.'s office or your defense attorney.

There is a saying that "Trials are rarely productive of good." The sad fact is that ¾ of all cases that go to a jury trial end up in a conviction. This doesn't means that you shouldn't take your case to trial, but you certainly should review your case thoroughly and make the best decision for yourself.

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