Should You Accept a Plea Deal in Maryland? Factors to Consider

Plea bargains are a legal option that can help defendants resolve their cases quickly and with greater certainty. In most cases a plea bargain results in a lighter sentence for the defendant, which explains its popularity. Plea bargains are also popular with prosecutors and judges because they mean smaller dockets and lighter workloads.

What is a plea bargain?

In Annapolis as well as elsewhere in the United States, every criminal defendant has a constitutional right to a trial by jury. A defendant may waive this right by pleading guilty. If this happens, there is no trial and the judge can proceed directly to sentencing. Guilty pleas save judicial time and resources, and this provides defendants with bargaining power.

In a plea bargain, the defendant agrees to plead guilty, typically to a lesser charge. In exchange, the prosecutor agrees to recommend a more favorable outcome to the judge. A DUI defendant, for example, might agree to plead guilty to DWI, a lesser offense, to avoid jail time or a criminal record.

Factor 1: What type of plea agreement did you make?

Under Rule 4-243, Maryland recognizes two types of plea agreements—binding and non-binding plea agreements.

Binding plea agreements

In a binding plea agreement, the judge agrees in advance to accept the prosecutor’s recommendation -– three years in prison, for example. This gives the defendant certainty with respect to their sentence. At trial, they might be facing a much harsher sentence.

Non-binding recommendation

In a non-binding plea agreement, the prosecutor agrees to recommend a particular sentence to the judge. The judge is under no obligation to accept the prosecutor’s recommendation. Nevertheless, judges typically do accept a prosecutor’s recommendation unless there is a good reason not to.

If the judge ignores the prosecutor’s recommendation, the defendant has no choice but to accept the sentence. This is OK some of the time, since a judge can impose a sentence that is lighter than the prosecutor recommended. Non-binding plea deals are more common than binding plea deals.

Factor 2: Disclosure requirements under Maryland Rule 4-243

Maryland Rule 4-243 requires the prosecutor to disclose the plea agreement on the record and in open court. If the plea agreement is non-binding (most of the time), the court must inform the defendant that they cannot withdraw their plea even if the judge refuses to follow the prosecutor’s recommendation. Think twice before you accept a non-binding plea deal, and talk to a criminal defense lawyer first.

Factor 3: Charge bargaining vs. sentence bargaining

What are you bargaining for? Here are the alternatives:

• In charge bargaining, you bargain for a lesser charge. Very frequently, the bargain involves reducing the same charge from a felony to a misdemeanor -– misdemeanor theft instead of felony theft, for example.
• In sentence bargaining, you bargain for a lighter sentence-–two years in prison vs. six years in prison, for example.

Both types of bargaining have strategic benefits, and the best choice depends on the facts of your case. In some situations, sentence bargaining is preferable, because even a lesser charge can still expose a defendant to unexpected sentencing risks if not negotiated carefully.

In many cases, sentence bargaining is preferable, since any particular charge allows for a range of sentencing options. You could end up with a higher sentence for a lesser charge that way, although this outcome is uncommon.

The pros and cons of accepting a plea bargain

Before you agree to accept a plea bargain, you need to carefully weigh the pros and cons. Since every case is different, you need to apply these pros and cons to your particular case. What might be a good deal for another defendant might not work for you.

Your decision should take into account the strength of the evidence against you, the consequences of a conviction on your life, and your individual circumstances. Talk to a seasoned Maryland criminal defense attorney to understand your options more clearly.

A plea bargain might appeal to you because it offers relative certainty in what may otherwise be a chaotic time for you. Don’t make a decision on plea bargaining frivolously or under pressure. Agreeing to a plea bargain means giving up important constitutional rights (the right to a trial by jury, for example). Pleading guilty, as a plea bargain requires, relieves the prosecution of having to prove your guilt beyond a reasonable doubt.

The pros of agreeing to a plea bargain

Here are the reasons why most criminal defendants ultimately accept plea bargains:

• Risk management: You never know what a judge or a jury will decide, which makes a trial dangerous. You might end up with an acquittal or you might end up with the maximum sentence.
• Lighter penalties: Most plea deals offer reduced sentences or lesser. In some cases, you can avoid jail or even avoid a criminal record by agreeing to a plea bargain.
• Speed: You can avoid months of waiting for a trial. This is especially important if you cannot afford bail, because without bail, you might wait for trial in jail.
• Relief: Ending the uncertainty offers a measure of peace of mind for both you and your family. Once you know what is going to happen, you can plan around it.

Despite these advantages, it is best to avoid overestimating the value of your peace of mind.

The cons of agreeing to a plea bargain

Plea bargains have a number of negative aspects that you absolutely must take into consideration:

• You will probably be saddled with a permanent criminal record (not always).
• Loss of the right to a trial. You cannot confront witnesses, present evidence, or challenge the prosecutor’s evidence.
• The judge might not honor your bargain (in non-binding plea bargains). This is a risk that you must not ignore unless the prosecution offers you a binding plea bargain. You run the risk that you will give up your right to a trial and still receive a harsh sentence.
• There may be collateral consequences of a guilty plea such as immigration status, professional licenses, and the right to own a gun.

Even if your plea deal seems favorable, the long-term consequences can be devastating.

Arrested in Maryland? Contact a criminal defense lawyer immediately

If you have been arrested for a crime in Maryland, don’t panic. You need to realize this much, however — choosing the right criminal defense attorney could turn out to be the most important decision you make in your entire case, perhaps even your entire life.

Criminal defense attorney Drew Cochran has been fighting for criminal defendants just like you for over 20 years now, from one end of Maryland to the other. You might not know where to turn, but Drew Cochran can help you fight back whether you are facing state or federal charges. Contact him as soon as you can to schedule a consultation where you can tell your story and explore your options.