Should I Consult a Criminal Attorney Even if I Plan to Plead Guilty?

The vast majority of criminal charges in Georgia and around the country are resolved with a guilty plea – usually through a plea agreement. That’s more efficient than taking a large number of cases to trial, but that doesn’t necessarily mean it’s a good thing. 

A surprising number of innocent people have been imprisoned after pleading guilty. Those who are guilty and choose to enter a plea may face harsher consequences than is necessary. And, the American Bar Association (ABA) has noted that the high volume of plea agreements impacts the reliability of the system since witnesses go unchecked and police misconduct may go unnoticed.

When facing criminal charges in Augusta, your first step should be consulting a local defense attorney. Even if you’re considering pleading guilty, you may wonder whether hiring an attorney is worth the extra time and expense. But, there are many reasons you should get reliable legal advice before making a final decision.

Pleading Guilty Might Be a Mistake

People decide to plead guilty for many different reasons. Sometimes it’s because they want to get the proceedings and any consequences over with as soon as possible. Sometimes it’s because they don’t believe they can successfully fight the charges. Sometimes, it’s because they aren’t aware of the range of possible outcomes in a criminal case. And sometimes, it’s because they don’t fully understand the consequences of a guilty plea and believe they’re getting a better deal than they are.

Here are some of the key reasons it can be a mistake to plead guilty without the support of a criminal defense attorney. 

You May Have Defenses You Don’t Know About

Too often, people charged with crimes assume there’s no way to beat the charges against them. But, a proficient Augusta criminal defense attorney may see flaws in your case that you didn’t notice or didn’t know how to leverage. 

That might mean that there are grounds to try to suppress evidence against you due to an unlawful search, a faulty breathalyzer machine, failure on the part of the prosecution to preserve the chain of evidence, or some other error or violation of your rights. Or, your attorney may realize that the prosecution’s evidence may be insufficient to prove the case beyond a reasonable doubt. 

Even if you ultimately decide to plead guilty anyway, it’s important to be aware of these weaknesses and how they impact the prosecution’s case against you. A skilled defense lawyer can use them as leverage to negotiate a more favorable plea agreement. That may mean less (or no) jail time, a reduction in the charge against you, or even entry into a pretrial diversion program that can allow you to avoid conviction entirely.

There May Be Indirect Consequences of Pleading Guilty

When you decide to plead guilty to a crime, it’s very important that you understand all of the consequences associated with that conviction. When the prosecutor offers you a plea deal, the offer will include details like the jail sentence you can expect to serve, whether and for how long you will be on probation, and the fine you will be expected to pay. 

It’s reasonable to assume that those are all of the consequences you’ll face. But, criminal lawyers in Augusta, GA know better. Depending on the crime, the indirect consequences of a criminal conviction can include loss of your driver’s license, increased insurance rates, limitation on job opportunities, and even limits on where you can live. The prosecution is under no obligation to warn you of these additional possible consequences. 

You Might Be Able to Get a Better Plea Deal

As mentioned briefly above, the deal the prosecutor tells you is the best you’re going to get may not be. For example, you may think you’re being offered a good deal because you won’t serve any jail time. But, the criminal conviction may still have a serious impact on your life, and it may be avoidable. Or you may be offered a fair deal in terms of penalties, but not realize that you may be able to negotiate to plead to just one charge and have others dismissed, or to plead to a misdemeanor instead of a felony.

Once you enter a guilty plea, you lose a lot of the rights that protect you in a criminal proceeding. For example, you waive the right to a jury trial, the right to confront the witnesses against you, and the right not to incriminate yourself. With very limited exceptions, you also give up your right to appeal your conviction when you enter a guilty plea, with or without a plea deal. 

So, the sooner you speak to an Augusta criminal defense attorney, the better. Whether you fight the charges against you at trial or plead guilty, you should make that decision with full knowledge of your rights, the possible consequences of pleading guilty, any issues that might make it possible to beat the charges or negotiate for a better deal, and any indirect consequences of the condition. 

Contact Augusta Criminal Defense Attorney J. Todd Mitchell

Augusta defense attorney J. Todd Mitchell has practiced criminal defense law in Georgia since 2011. He founded this firm to put his experience to work for people charged with crimes in and around Augusta, whether that means a first-offense DUI charge or a serious felony. 

The J. Todd Mitchell Law Firm is prepared to take charge of every aspect of your case, from investigation and development of possible defenses to negotiation, trial preparation and — if it’s the best approach for your case — trying to case before a Richmond County jury. Mr. Mitchell knows how important it is for you to have reliable information and guidance from the beginning. That’s why he offers free consultations to people charged with crimes in and around Augusta. To learn more or schedule your free consultation, call (706) 750-0501 right now or fill out our contact form.