Felony Plea Bargain Agreements and Criminal Law in Texas
Felony Plea Bargain Agreements in Texas
The vast majority of felony criminal cases in Texas are resolved by plea bargain. A plea bargain is an agreement between the State of Texas, usually represented by the District Attorney, and the defendant. Although the defendant's lawyer is the person who negotiates the agreement with the District Attorney, the defendant himself is the person who is the actual party to the agreement.
For any given case, there are many possible outcomes that can result from a plea bargain. There can be an agreed punishment for the crime as charged. There can be an agreement to reduce the charge to a lesser degree offense. If there are multiple criminal charges, a plea bargain agreement may include the dismissal of some of the charges. There may be many other possibilities for any given case.
Once a plea bargain is agreed upon by the District Attorney and the defendant, it must then be approved by the Court. The judge is not bound by the terms of the plea agreement. If he determines, for whatever reason, that the agreed outcome is not a just result, he can reject the plea bargain agreement. If the judge rejects the plea bargain agreement, then the defendant is allowed to withdraw his plea of guilty or no contest. At that point, the case can either proceed to trial or the parties can work out a different plea bargain agreement any present that for the judge's consideration.
If a judge accepts a plea bargain agreement, and sentences a defendant in accordance therewith, the defendant will have no right to appeal his conviction. If the judge exceeds the terms of the plea bargain agreement, the defendant will be permitted to appeal the judgment. The only other possibility for appeal following a plea bargain sentence would be if the defense had filed any pretrial motions which had previously been denied by the Court. In that case, the defendant may appeal the judge's ruling with respect to the pretrial motion.
Felony Plea Bargain Agreements and Criminal Law in Texas
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