The Plea Bargain: Should You Take the Deal?
Pre-Trial Agreements (PTA) explained. Is it surrender, or strategy?
The “Alford Plea” Trap
Warning: You cannot plead guilty “just to get it over with” in the military.
In civilian court, you can say, “I’m innocent, but the evidence is strong, so I’ll take the deal” (an Alford Plea). The military does not allow this.
Before a military judge accepts your plea, they will conduct a “Providency Inquiry” (the Care Inquiry). You must stand up, under oath, and explain exactly what you did wrong. If you say, “I didn’t really mean to,” or “It was an accident,” the judge must reject your plea and force you to go to trial. Do not lie to the judge.
Why Sign a Pre-Trial Agreement?
If you are guilty, a PTA is an insurance policy. It protects you from the worst-case scenario.
- Capping Confinement: If you are facing 20 years for drug distribution, we might negotiate a “Cap” of 2 years. Even if the jury hates you and sentences you to 10 years, the Convening Authority must reduce it to 2.
- Saving Your Family: We can often negotiate clauses where you agree to plead guilty, but the government agrees to not stop your pay (Total Forfeitures) for 6 months, allowing your family to transition while you go to confinement.
- Dropping Charges: You plead guilty to the lesser charge (e.g., Simple Assault) and they drop the major charge (e.g., Sexual Assault), avoiding sex offender registration.
Deal vs. Trial: The Risk Assessment
| Feature | Going to Trial (Not Guilty) | Plea Deal (Guilty) |
|---|---|---|
| Goal | Full Acquittal (Walk away free) | Damage Control (Minimize prison/discharge) |
| Risk | High (Could get Max Sentence) | Low (Sentence is capped/known) |
| Appeals | Full Appellate Rights | You often waive some appellate/motion rights |
| Cost | Higher (More legal work/experts) | Lower (Faster resolution) |
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
Frequently Asked Questions (FAQ)
Q: Can I negotiate a plea deal but still argue for no jail time?
A: Yes. A typical deal sets a “Ceiling” (Maximum), not a “Floor” (Minimum). You plead guilty, and then we spend the sentencing hearing bringing in character witnesses to convince the judge to give you less than the agreed cap.
Q: When is the deadline to take a deal?
A: Usually, the Convening Authority wants the deal signed before the trial starts to save money on bringing in witnesses. If you wait until the day of trial, the offer might be withdrawn. Timing is everything.
Don’t Negotiate Your Life Alone.
The JAG prosecutors do this every day. You need a civilian negotiator who knows the value of your case.
