When Should You Take a Plea Deal — and When Should You Fight the Charges?
Facing criminal charges in Los Angeles can be one of the most stressful experiences of your life. Prosecutors often move quickly to secure a conviction, and one of their most powerful tools is the plea bargain. A plea deal can seem like an easy way out — a guaranteed outcome without the risk of trial. Most criminal cases do, in fact, resolve through plea bargaining. But accepting a plea isn’t always in your best interest. Knowing when to take a plea and when to fight the charges is one of the most important strategic decisions in any criminal case. Learn more below, and contact Kosnett Law Firm for advice and representation from a skilled and experienced Los Angeles criminal defense attorney.
Understanding Plea Bargains
A plea bargain is an agreement between the prosecution and the defense in which the defendant pleads guilty (or no contest) to a lesser offense or fewer charges in exchange for a reduced sentence or other concessions. In California, the vast majority of criminal cases are resolved through plea deals rather than trials. The system depends on it; if every case went to trial, the courts would be overwhelmed.
Plea bargaining can take several forms. The prosecutor might agree to reduce a felony to a misdemeanor, dismiss some charges, or recommend a lighter sentence. In some cases, a plea deal might involve probation instead of jail time. While these offers can be appealing, especially when the evidence against the defendant appears strong, a guilty plea still results in a criminal conviction with lasting consequences.
The Pros of Accepting a Plea Deal
There are situations where taking a plea is the most practical choice. For instance, a plea bargain may be appropriate when:
- The evidence against you is overwhelming. If the prosecution’s case is strong and a conviction at trial seems likely, a negotiated plea could minimize the penalties.
- You want to avoid the uncertainty of a trial. Trials are unpredictable, and even with a good defense, juries can surprise you. A plea deal provides a definite outcome.
- You need to limit exposure to severe penalties. A plea might spare you from mandatory minimums, strike enhancements, or other sentence enhancements that can drastically increase prison time.
For some defendants, particularly first-time offenders or those charged with nonviolent offenses, a plea deal might also open the door to alternatives such as diversion programs or deferred entry of judgment, which could lead to a dismissal after successful completion.
The Risks of Accepting a Plea Deal
On the other hand, taking a plea means giving up your right to a trial and admitting guilt to a crime that will appear on your record. A conviction, even for a reduced charge, can affect employment, housing, licensing, and immigration status. Some plea deals may also carry hidden consequences such as mandatory registration, loss of firearm rights, or long-term probation conditions.
In some cases, defendants accept plea deals under pressure or without fully understanding the long-term impact. That’s why it’s critical to have an experienced Los Angeles criminal defense attorney who can evaluate every offer, explain the consequences, and negotiate from a position of strength.
When It Makes Sense to Fight the Charges
Not every case should end in a plea bargain. Sometimes, the better strategy is to take your case to trial or at least push the prosecution to prove its case beyond a reasonable doubt. You may want to fight the charges when:
- The prosecution’s evidence is weak, circumstantial, or improperly obtained.
- The police violated your constitutional rights, such as through an illegal search or coerced confession.
- Witnesses are unreliable or contradictory.
- A conviction would have especially severe consequences for your future.
Fighting the charges can lead to a dismissal, acquittal, or a better plea offer down the line. Prosecutors often make more favorable deals once they see the defense is serious about going to trial and exposing the weaknesses in their case.
The Role of a Skilled Defense Attorney
Your attorney’s experience and instincts are crucial in deciding whether to accept a plea or proceed to trial. A knowledgeable lawyer can evaluate the evidence, file motions to suppress illegally obtained proof, and challenge the prosecution’s version of events. If the case can be won in court, your lawyer will build a strong trial defense. If a plea deal is truly your best option, your attorney can negotiate aggressively to secure the most favorable terms possible.
Every criminal case is unique. What makes sense for one defendant might not be right for another. An experienced Los Angeles criminal defense lawyer will assess not just the legal facts but also your personal circumstances, risk tolerance, and long-term goals before advising you on whether to fight or settle.
Making the Right Decision for Your Future
Whether you’re charged with a misdemeanor or a felony, the decision to take a plea deal should never be made lightly. Prosecutors are trained negotiators whose primary goal is to obtain a conviction. You need an advocate who will stand up for your rights and ensure that any agreement truly serves your best interests.
At Kosnett Law Firm, we guide clients through every stage of the criminal process, from arrest and arraignment to plea negotiations and trial. Our attorneys have extensive experience handling cases in Los Angeles and throughout Southern California, and we know how to evaluate the strength of the prosecution’s case, identify weaknesses, and fight for the best possible result.
If you’re facing criminal charges and wondering whether to accept a plea deal or go to trial, don’t make the decision alone. Contact Kosnett Law Firm for a free consultation. We’ll give you the straight answers you need and the strong defense you deserve.
