Call Us Now
Email Us Now
Is a Plea Bargain an Option in Your Drug Possession Case?
Possession is one of the most common drug charges in Florida, but that doesn’t mean the penalties aren’t potentially severe. If you’ve been charged with drug possession, you need to understand what consequences you’re up against and look at all your defense options, including a plea deal. At DeMichael Law, defense attorney Andrea DeMichael is here to help you understand how plea bargains work and when agreeing to one may be in your best interests.
How Does a Plea Bargain Work?
A plea bargain is a deal that the prosecution makes with the defendant. The defendant agrees to enter a guilty plea, which helps the prosecution avoid the time and resources spent on a trial while securing a conviction. In exchange, the defendant also receives some benefit, usually a reduced charge or a sentencing recommendation significantly less than what they could face if convicted at trial. For example, someone charged with a second-degree misdemeanor for possession can still face up to six months in jail. A plea bargain may allow the defendant to face no jail time if they agree to plead guilty and enter a treatment program.
Defendants need to understand that a plea bargain is a negotiation. It’s common for the prosecution to offer a deal and then for the defense attorney to negotiate to get the defendant more favorable terms. Defense attorneys are required by law to present any agreement the prosecution is offering, but they will also provide their recommendation on whether it’s a good enough deal to plead guilty, whether they think they can negotiate a better one, and how a guilty plea will affect your future.
What Are the Potential Benefits and Consequences of a Plea Bargain for the Defendant?
When a defendant accepts a plea bargain, they get the benefit of certainty for their sentence, and they are able to move on more quickly by avoiding the time investment of a full criminal trial. Being charged with a crime is a stressful experience, and many defendants just want to get it over with as soon as possible. For misdemeanor charges, for example, it may be possible to avoid jail time altogether and be sentenced to probation or a diversion program instead.
The prosecution also benefits from being able to resolve the case quickly, which is significant because it saves the state the expense of a trial and can help keep cases moving quickly through the system.
However, it’s critical for defendants to understand that accepting a plea bargain means admitting guilt and receiving a criminal conviction on their record. If the plea deal involves pleading guilty to a felony charge, this can affect your future career prospects and make it more difficult to rent a home. It’s essential to agree to a plea deal only with the counsel of your attorney and with a full understanding of the short- and long-term repercussions.
Does a Judge Have to Accept the Plea Bargain?
A common misconception about plea bargains is that once the prosecution and defense teams come to an agreement, the judge will automatically make it official. However, the judge has the final authority, which means they can decide whether to accept or reject the plea bargain. While it’s true that in the vast majority of cases, the judge agrees with the plea bargain, defendants need to be prepared for the rare chance that the judge may reject it.
The judge reviews the plea bargain to ensure it’s appropriate for the charge and the surrounding circumstances. If a judge believes that the plea bargain is either too lenient or too harsh, they may reject it. It’s also possible for a judge to reject a plea deal if they believe that the prosecution doesn’t have enough evidence for the charges. In most cases, if the judge rejects a plea bargain, these parties are able to renegotiate a different deal, or the case will proceed to trial.
How Can a Plea Bargain Help You Avoid Jail Time?
Drug possession charges can be either felonies or misdemeanors and carry the potential of jail or prison time. A first-degree misdemeanor is punishable by up to one year in jail in Florida, but a first-degree felony possession conviction can result in up to 30 years in prison. While it’s not possible to avoid incarceration entirely in every situation, a plea bargain may help you minimize your time.
Depending on the charge and whether the defendant has any previous convictions, there may be sentencing alternatives that can be part of a plea deal for drug possession to avoid jail time. These include:
- Community control
- Drug court
- Felony pretrial intervention programs
- Mental health court
- Probation
- Veterans treatment court
Penalties for drug possession may also be reduced through Florida’s Youthful Offender Act or deferred prosecution. Your attorney will discuss with you if you qualify for any of these alternative programs or processes.
Should You Take a Plea Bargain?
Only you and your attorney can decide if taking a plea bargain is the right choice for your situation. While it can be a relief to know that the maximum sentence is off the table and that you don’t have to go through a trial, having a criminal conviction on your record is something that can affect your life forever. Talking with your attorney about your options and how a plea deal could affect your future can help you make an informed decision backed by knowledgeable legal counsel.
If you need legal representation for a drug possession case or want to know whether a plea deal could be in your best interests, call DeMichael Law at 863-216-1831.
