Understanding the Implications of Declining a Plea Offer
What happens if you decline the state’s plea offer? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a little bit about what happens if you don’t want to take the state’s deal.
The Potential Consequences of Going to Trial
Someone recently asked, “If I turn down a plea deal and lose at trial, can I get a harsher sentence?” The short answer is: yes. When you reject a plea offer and go to trial, you’re giving up a level of control and putting your fate in the hands of the judge or jury.
Let’s say you’re charged with a crime that carries up to 10 years in prison. The state offers you a plea deal for 2 years, but you decline, thinking you can beat the case. If you lose, the prosecutor can and often will push for the full sentence, not just the original offer.
Understanding Plea Deals vs. Blind Pleas
Even if you don’t go to trial, and instead choose a blind plea (admitting guilt but asking the judge for leniency), the prosecutor isn’t bound to their original recommendation. They might still ask for the maximum. That’s why it’s so important to understand the risks. Saying “no” to a plea isn’t just about principle, it’s about control.
With a plea, you still have a hand on the wheel. With the trial, you’re rolling the dice. My job isn’t to decide for you, it’s to make sure you understand the consequences and to advise you. Choosing whether to accept a plea is one of the most important decisions you’ll make in your case. Make it carefully.
Consult an Attorney for Guidance
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. If you’re facing criminal charges and are unsure about accepting a plea deal, it’s crucial to consult with an experienced attorney who can guide you through the process and help you understand the potential outcomes of your decision.
Schedule a Low-Cost Initial Strategy Session
Don’t leave your future to chance. Call me today for a low-cost initial strategy session at 918-879-1681. Together, we can determine the best approach to your case and help you navigate the complexities of the legal system with confidence.
