If you are a defendant in an criminal case, there are a variety of reasons why you may want to accept a plea bargain in Tulsa. For example:
- to save on legal fees
- to avoid a lengthy and drawn out trial
- to be released from jail
- to reduce the charges against you
- to receive a lighter sentence
- to avoid public humiliation
- to protect others
Should You Accept a Plea Bargain in Tulsa?
Before you accept a plea bargain, however, there are several things you may want to consider:
- Will you be subject to any mandatory sentencing guidelines? This question is especially pertinent if your case is a federal case that will be subject to U.S. Sentencing guidelines. If so, entering into a plea bargain can help you avoid stiff mandatory sentences.
- Is the crime you are accused of designated as an 85% crime in Oklahoma? If so, you will be required to complete 85% of your sentence before being eligible for parole. You may be able to avoid this by choosing to accept a plea bargain wherein the charge against you is reduced to one that is not an 85% crime.
- Will you be required to provide evidence to the state or the feds as an informant or undercover agent? It is not uncommon for the state to offer plea bargains to defendants who agree to testify for the state in cases against other defendants.
- What constitutional rights will you be required to waive? You will typically be required in the plea bargain to waive your rights to self‐incrimination, a jury trial, and the right to confront and cross‐examine your accusers. In addition, if convicted of a felony, you will lose the right to use, own or possess a firearm, the right to sit on a jury and the right to vote, just to name a few.
- Will you be required to disclose information regarding prior criminal activity, even if it is unrelated to your current charges?
- Will your decision to accept a plea bargain increase the possible sentence you will receive if you are charged with a crime again in the future? In other words, will the punishment for future crimes be made stiffer as a result of your conviction? In Oklahoma, a felony conviction “after former conviction of a felony” (AFCF) will mean that you will have to serve a minimum sentence of 10 years in prison for the second offense. A third conviction will mean a minimum of 20 years in prison.
- Is the crime one that will require you to register as a felon or sex offender?
- Is a drug test required?
- If you receive probation as part of your plea bargain, will it be supervised or unsupervised probation?
- What travel restrictions will you be subject to during your probation? Your ability to travel may be severely limited during your conviction. In addition, a drug, immigration or sex offense may ban you from travel to a particular country forever if you are convicted of a crime in that country or in your home country.
- What will be the consequences if you violate your probation?
- What civil rights will you lose as a result of your conviction? Being convicted of a felony can affect your ability to exercise certain civil rights, such as your right to vote, own a gun or hold public office. If you are a public official, losing your right to hold public office could mean the end of your career, as felons are precluded from holding public office.
- Will your conviction prevent you from continuing to work in your chosen profession? In Oklahoma, convicted felons cannot be employed as bank officers, corporate directors, realtors, chiropractors or social workers, to name a few. In fact, since felons are not bondable, you will not be able to work in any position in which you must be bonded. It is also highly unlikely that after your conviction you will be able to practice law, medicine or any regulated industry or profession. In addition, you will not be able to work in a school or be employed by the State of Oklahoma.
Conclusion
Whether or not you should accept a plea bargain depends on the particular circumstances of your case. Although a plea bargain may seem to be in your best interest, there are a variety of things to consider. Before you accept a plea bargain, talk to an experienced Tulsa criminal defense lawyer who is familiar with cases such as yours.
Contact your defense team at Tulsa Criminal Defense Law Firm today for a free, confidential consultation. A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your free consultation, call now: (918) 256-3400.