Your Options after Getting a Plea Offer
Attorney Tyson Mutrux describes in this video your options after getting a plea offer.
Tyson Mutrux: Hi, Tyson Mutrux here with the Mutrux Law Firm. Today I want to talk about your options after getting the prosecutor’s recommendation as opposed to the case prior to a trial. You basically have four options. First one is you can refuse that outright and you actually take your case to trial. The second one is you can refuse it outright and do what’s called a blind or open plea and you can plead guilty to the charge and ask the judge to actually sentence you, okay.
So one of the big drawbacks on that is that the judge has no authority, has no power to amend any charges to anything lower, so you’re going to be pleading guilty to the actual charge but the judge is going to sentence you. The other one is you can accept this, so your third option is you can accept the prosecutor’s offer, so you’re going to accept exactly what they’re offering you, you’re not going to get anything better, not getting anything less.
And then the fourth one is there are certain technical reasons why you might want to file any pretrial motions and the reason why this is the fourth option, a lot wouldn’t consider it the fourth option but I do because if you decide to go that right, you’re going to file pretrial motions, some prosecutors will actually withdraw their offers. So that’s why it’s another thing you have to consider. You can’t just say, okay, well, I’m going to file this and I’m going to go back and if I lose this motion, I’m going to accept the prosecutor’s offers. That’s not always an option, so you have to take that into consideration.