In a state-level case, a plea deal would often contain a particular sentence, which may include a certain number of months in jail and requirements for probation. In other words, when a deal is reached, the prosecution and defendant are both aware of what they are getting.
An agreement to plead guilty to a crime in federal court is very different. First off, a person who makes a guilty plea in federal court is not entitled to a specific punishment. They formally admit guilt without knowing the precise sentence a federal judge would impose. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation from a federal defense attorney.
Federal sentencing guidelines are followed in federal court
The federal sentencing guidelines, which are based on a number of elements, are used in federal courts to decide a defendant’s punishment. The federal criminal defense attorney can typically estimate the punishment, but there is no assurance. A defendant often enters a guilty plea and then shows up months later for a federal sentencing hearing.
That said, federal judges are not required to follow the sentencing guidelines and are free to impose a sentence that is higher or lower than the statutory penalty. This is one of the main reasons a person accused of a federal offense needs to be represented by a defense lawyer who frequently represents clients in federal court.
Experienced federal criminal attorneys are adept at negotiating with federal prosecutors and know when and how to raise valid concerns to the probation officer’s method of determining the sentence guidelines. Additionally, they are skilled in creating a sentencing memo that will convince the federal judge to impose a sentence that is less severe than what is recommended by the guidelines.
Why you might want to accept a federal plea agreement
In some cases, it’s in the defendant’s best interest to enter a guilty plea and consent to a federal plea deal. The prosecutor might, for instance, accept a guilty plea to a lesser charge or drop a charge that has a required minimum sentence.
Another illustration is when there is no question about the defendant’s guilt or when they cannot mount a convincing defense against the charges. In other words, the ideal result is to accept a plea bargain.
According to the federal sentencing guidelines, defendants who plead guilty and take ownership of their behavior receive a reduced sentence. This is the main factor that leads defendants to choose to submit a guilty plea in federal court and accept the plea deal since it has the potential to lower a sentence by at least one year or more.
The terms of the plea bargain will be written down and given to the federal judge when the defense attorney and federal prosecutor have reached an understanding. Defendant is not required to enter a guilty plea.
The judge will now decide whether to accept or reject the plea deal, but most deals are accepted. The defendant will enter a plea of guilty and receive a sentence if it is accepted. The case will carry on as usual if refused.
You deserve a vigorous defense against the federal charges you are facing. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation today.
