The Pros And Cons Of Accepting A Plea Deal For A Misdemeanor In Washington

In this article, you will discover:

• How plea deals work in Washington misdemeanor cases
• The pros and cons of accepting a plea deal in misdemeanor cases
• How a Stipulated Order of Continuance works in misdemeanor cases

What Is A Plea Deal, And How Does It Work In Washington Misdemeanor Cases?

A plea deal is an agreement you make with the city or state’s prosecutor’s office to either accept a lesser charge or a lesser penalty on a conviction. The plea deal is a negotiation to reach an agreement that satisfies both the prosecutor and the defendant.

Typically, the prosecutor may or may not offer a plea based on your criminal history and the facts in the case. Concerning the crime, the prosecutor will consider:

• What transpired
• Whether you committed the crime
• Whether it’s worth offering you a lesser charge to avoid trial

Sometimes, however, there’s no offer, and the prosecutor wants you to plead exactly as charged.

When During The Legal Process Is A Plea Bargain Typically Offered In Washington?

There’s no hard, fast rule. Sometimes, the defendant has to inquire whether there’s an offer and, if so, what that offer is.

Generally, a plea bargain is offered after your first pretrial conference, when discovery is completed and the parties have had a chance to review it. If the prosecutor knows that they can’t prove an element of the crime, and you point that out, that’s where the offer often comes from.

What Are The Pros And Cons Of Accepting A Plea Deal For A Misdemeanor In Washington State?

The pros are that you either avoid jail time or a fine, or you reduce the jail time or fine. Some of the alternatives to jail time include community service, mental health or drug and alcohol evaluations, or an anger management course. All of those options are better than going to jail or paying a hefty fine.

The con is you’re still pleading to something, and there will still be a conviction on your record. The prosecutor is never going to dismiss a charge unless you outright prove they have no case. Only then will they agree to the dismissal.

Another deal option is a Stipulated Order of Continuance (SOC). It offers the chance for you to have nothing on your criminal record, but the stipulation is that you must stay out of trouble for a period specified by the prosecutor.

If you violate the order, they’ll convict you. The pro is that you have a clean record. The con is that for 12, 24, or 60 months, you must stay out of trouble, and if you don’t, you have an automatic conviction. It’s like you’re betting on yourself not to violate the terms of that agreement.

There are also pros of avoiding a trial. You don’t have to expend attorney fees, and the prosecutor can avoid the hassle of a trial, too.

Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, WA, who has helped numerous clients like you navigate the intricacies of criminal law. With years of experience, she is prepared to assist you in deciding whether a plea deal would be in your best interest and ensure your legal rights are protected.

Still have questions? Ready to get started? Contact DC Nguyen Law today at (425) 200-6439 to schedule an initial consultation.

Is an SOC always Available, Or Does That Depend On The Specific Prosecutor’s Discretion?

No, an SOC is not always available. It depends on the case. SOCs are geared toward people who’ve never had a criminal history and whose behavior was an emotional response rather than an intentional one.

For example, assault with force is frequently charged. That’s touching another person with the intent of harming them. Consider a couple that’s fighting. While a push or shove doesn’t always cause actual harm, the conduct still has the potential to cause harm.

If the defendant who pushes or shoves their partner during an argument has no criminal history, this is the type of situation where SOC agreements will be offered.

Why Is It Important To Talk To A Washington Criminal Defense Lawyer Before Accepting A Plea Offer?

Many defendants don’t understand the details of their plea agreements or how to make decisions that will impact their freedom.

It is essential to know all of your legal options. That’s why speaking with an attorney who can break that information down for you is crucial.

Have You Had Cases Where Rejecting A Plea Deal Led To A Better Outcome?

Some people are adamant about not taking any plea deal. They contend they didn’t commit the crime, and we have evidence we can present to the judge to back that up. Sometimes, it results in a dismissal of the case, which was the client’s intent. There are also many cases where the prosecution convicts someone, only to have the evidence later reveal that they were innocent.

Still Have Questions? Ready To Get Started?

For more information on misdemeanor plea deals in Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.