Navigating Plea Deals For Drug Charges In Texas: A Guide For Defendants

In this article, you can discover…

• How the discovery process and entering your plea intersect after a drug charge.
• When to expect the prosecution to offer a plea deal.
• How a defense attorney can be of invaluable help during plea negotiations.

When Will I Enter A Plea Of Guilty Or Not Guilty? Will My Attorney Have All Of The Discovery Before We Make That Decision?

Some courts have an arraignment setting that occurs just after a case is indicted. You and your attorney will typically enter a plea of “not guilty” at this time as you’re still in the very beginning of your case, and usually do not have any discovery. Also, there may have been very little time for you and your attorney to talk, review the case, or understand the evidence against you. A “not guilty” plea allows the process of discovery review and evidence gathering to begin. After arraignment, you may even wish to hire an investigator to assist your counsel in gathering information to defend you.

In some cases, you may wish to simply resolve your case quickly with a “guilty” plea if you feel you’ve gotten an excellent offer or feel the evidence against you is simply too strong to gamble with taking your case to trial or even negotiating further. Your attorney can help you navigate this option as well and help you determine what choices are in your best interest. It is important to understand all the collateral consequences of pleading guilty in a criminal case before accepting responsibility for any alleged criminal behavior and pleading guilty on the record.

After I Enter A Plea Of Not Guilty, What Are The Next Steps To Prepare The Defense Against My Drug Charges?

You will review discovery with your attorney, which includes police reports, body camera footage, lab reports, and other information, as well as attend plea conferences, which are court settings where you and your counsel have an opportunity to negotiate with the prosecutor. Both are very important. Personal factors such as your living situation, employment, and any special circumstances or issues in your life that can help your attorney better understand how to defend you.

Also provide the names and contact information of any witnesses who may be helpful to your case.

Attorney Lacinda Brese-LeBron is a hard-working, dedicated criminal defense lawyer serving Texas. For over 10 years, she’s helped clients just like you navigate plea deals after a drug charge and fight for their freedom when charges are unjust.

Have questions about plea deals, or in need of quality legal representation? Reach out to Brese-LeBron Law at (903) 865-3803 for an initial consultation today. 

When Will The Prosecutor Generally Offer A Plea Deal? Are Most Serious Drug-Related Cases Settled With Plea Deals?

It’s common to get a plea deal offer at the second plea conference setting, though some plea offers are communicated at arraignment. In more complex cases, it may take several plea settings before we receive a plea deal offer.

While some drug-related cases are settled with plea deals, each case is evaluated based on the facts of the case, the evidence presented, and your living situation, circumstances, and criminal history.

What Are The Pros And Cons Of Accepting A Plea Deal For A Drug-Related Offense In Texas?

The benefits or drawbacks of accepting a plea deal depend greatly on the charges you face, the evidence against you, the offer itself, and your personal history.

For example, say you receive a deferred probation sentence as a plea deal. The pros of this deal include no prison time. You may also have the chance to apply for an “order of nondisclosure” in the future. If you were granted an order of nondisclosure, after that time you would not be required to list that you were ever on this probation in future job applications, or when you applied for housing.

Cons for this deal would include extensive probation, possibly large fines, court costs, and the time it takes to complete courses or community service. Whether to accept a plea bargain is a highly individualized decision that includes many factors.

Can A Defense Attorney Have My Charges Dropped Or Reduced?

Whether or not a defense attorney is able to get your charges dropped or reduced depends greatly on…

• The facts of your case
• The evidence against you
• Your personal circumstances
• Your past criminal history
• Your behavior at the time of arrest and
• The behavior of the police who arrested you

This final point relates to how the police gathered evidence and how it was stored. This includes how evidence was handled, tested, and moved, and whether the police conducted their search legally.

All of these elements will be evaluated closely, potentially allowing charges to be reduced or dropped.

Can You Describe A Notable Case Where You Were Able To Get Serious Drug Charges Dropped Or Reduced For Your Client?

I succeeded in getting second degree felony drug charges dropped for a client based on an illegal traffic stop. The client was then released from jail and was able to return to a high-profile job and a fantastic life in another state.

For more information on Navigating Plea Deals For Drug Charges In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.