On Dealing With the Fallout From A Plea Bargain

In an ideal world, a criminal defendant would come to a decision on a plea offer based on nothing more than a calm, clear-headed, and dispassionate assessment of (1) the strength of the government’s case and (2) the strength of the defendant’s own case.  In real-life, other considerations intrude into the defendant’s decision.  People charged with crimes are often angry, fearful, impatient, and/or upset.  Spouses, parents and friends all have opinions.  Employers may also be following the case.

Some defendants desperately want to accept a favorable deal.  But, having sworn to their parents/spouses/employers/friends that they haven’t committed the offense, they can’t take the deal without acknowledging that there may be something to the allegations, without admitting that they may have lied about their culpability.  Because, after all, who would ever plead guilty to something he or she didn’t do?

As a result, the case goes to trial when the defendant should have taken the deal.

Other defendants, dealing with the strain in their personal relationships brought on by the criminal charges, just want to put the whole sordid mess behind them no matter how strong a case they might have.  These people might accept the plea offer when they should have fought the case at trial.

There are only a few people who really know what happened, and even then, perceptions are skewed.  In dealing with a plea offer, the challenge is to try to separate what actually happened from the legal consequences of the charges.

The government, if it has decided to proceed with the case, has decided that the conduct in question meets the elements of a particular criminal offense.  But whether or not the government is able to prove its case doesn’t change the truth. Whatever happened, happened. It doesn’t make you more guilty in any objectively moral way if the government decides to proceed with the prosecution. And it doesn’t make you any less culpable of the conduct if, for whatever reason, the government decides to drop the prosecution.

Once charged with a criminal offense, you are left to deal with the fallout from the legal proceedings. But whatever practical decision you make to achieve the best possible legal outcome shouldn’t change your own perception of your moral worth.  Nor should it affect how your loved ones think of you.

I know, I know.  This is much easier said than done.  And good luck explaining this to your mother or your spouse or your employer.