The Truth about Plea Bargaining in the Federal Judicial System
According to United States Department of Justice Statistics, more than 90% of defendants that are indicted and charged in federal court avoid trial and accept a guilty plea. A defendant that chooses to plead guilty to a federal charge does so in accordance with the Rule 11 of the Federal Rules of Criminal Procedure. Under Rule 11 a plea agreement may specify that an attorney for the federal government will:
(A) not bring, or will move to dismiss, other charges;
(B) recommend, or agree not to oppose the defendant’s request, that a particular sentence or sentencing range is appropriate or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply (such a recommendation or request does not bind the court); or
(C) agree that a specific sentence or sentencing range is the appropriate disposition of the case, or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply (such a recommendation or request binds the court once the court accepts the plea agreement).
Benefits of Pleading Guilty
For most federal defendants, the most obvious benefit of plea bargaining is receiving a lighter sentence than what may result from taking the case to trial and losing. Under the United States Sentencing Guidelines Chapter §3E1.1 a defendant may receive a reduction of two levels from the overall offense level if he demonstrates an acceptance of responsibility. If the offense level is higher than 16, and the defendant demonstrates an acceptance of responsibility in a timely manner that enables the government to avoid preparation for trial, then the defendant may receive a reduction of three levels.
Appellate Waivers
The United States Department of Justice has recently implemented a policy that encourages Assistant United States Attorneys to place a waiver of all appeal rights in plea agreements. This can have a significant impact on the resulting sentence since most pleas are taken without the court being bound by the terms of the agreement. If the defendant agrees to a plea containing such a wavier and then is sentenced to more time than expected, he will not be allowed to appeal the resulting sentence unless the court upward departs from the guidelines.
The Impact of Prior Convictions
Prior convictions can have an enormous impact on plea negotiations. Many times if a defendant has a prior drug conviction an enhancement under 21 U.S.C. § 851 can become a significant bargaining chip for prosecutors. The use of an 851 enhancement can result in basically doubling the potential sentence a defendant faces. If a defendant has prior convictions, it is vital when negotiating a plea to have the correct language in the agreement that the government will not seek the enhancement.
Upward and Downward Departures
Finally, one of the most important aspects of negotiating a federal plea is the defendant’s agreement with the government not to seek upward departures or object to the defendant’s request for a downward departure. Again the language of the plea agreement is critical concerning departures. Considering the fact that most guilty pleas do not bind the court it is essential that the defendant at least binds the government to the terms of the plea.
If you or a loved one needs a defense attorney in Dallas contact John Teakell.