Plea Bargains In Galveston Criminal Cases

Plea Bargains In Galveston Criminal Cases

When you’re facing criminal charges in Galveston or anywhere in Texas, your future can feel uncertain. The justice system moves quickly, and you may be presented with a plea bargain before you’ve even had time to understand your options. We’ve seen how overwhelming this moment can be for clients. Plea bargains are not one-size-fits-all agreements. Accepting or rejecting one is a major decision that must be made with full knowledge of your rights, your defenses, and the possible outcomes.

As criminal defense attorneys in Galveston, we’ve helped clients through every stage of the process—from arrest to trial to post-conviction relief. If you’re considering a plea deal or were offered one by the Galveston County District Attorney, you deserve to know exactly what that means under Texas law, what it could mean for your freedom, and what to expect from the process.

What Is A Plea Bargain?

A plea bargain is an agreement between the prosecution and the defendant, where the defendant agrees to plead guilty or no contest in exchange for some form of leniency, typically a reduced charge, fewer counts, or a lighter sentence. Under Texas Code of Criminal Procedure § 26.13, judges are required to ensure that any plea is entered voluntarily, with full awareness of the consequences.

In Galveston courts, plea negotiations are a regular part of criminal case management. They can happen at nearly any stage of the case, including pre-indictment, pre-trial, or even mid-trial.

The Pros Of Accepting A Plea Bargain

There are clear benefits to plea deals, depending on the facts of your case:

Reduced Penalties

If you’re facing a first-degree felony with a range of 5 to 99 years (Texas Penal Code § 12.32), a plea bargain might lower the charge to a second-degree felony with a sentencing range of 2 to 20 years (§ 12.33). That difference can mean everything for your future.

Certainty In Outcome

Trials are unpredictable. Accepting a plea gives you more control. Instead of leaving your sentence to a jury or judge, you’ll know exactly what to expect.

Shorter Process

Trials can take months or even years to get reached in court. A plea deal can bring closure faster and help you move forward—especially important for clients with jobs, families, or other important concerns.

Avoiding A Conviction On The Worst Charge

In some cases, pleading to a lesser offense may help you avoid certain enhancements, such as habitual offender penalties under Texas Penal Code § 12.42 or the requirement to register as a sex offender.

The Cons Of Plea Bargains

While plea bargains can be useful, they can come with significant trade-offs:

Waiving Your Right To Trial

When you accept a plea deal, you give up the right to a jury trial under Article 1.12 of the Texas Code of Criminal Procedure. That means there will be no chance to present your defense before a jury of your peers.

You Will Be Convicted

Even with a reduced sentence, you are pleading guilty. That means you will have a criminal record, which can affect employment, housing, gun rights, and more. In many cases, it also limits your ability to expunge or seal the record.

You May Still Go To Jail

Plea deals don’t always mean probation or time served. Depending on the deal, you may still

serve time in the county jail or the Texas Department of Criminal Justice. Make sure you understand the sentencing range before agreeing.

Pressure To Settle Quickly

Prosecutors may use tactics to make a deal seem like your only option, especially in early stages. We’ve seen many cases where the state’s evidence was weaker than it appeared. Accepting a deal too early can be a mistake.

What To Expect During Plea Bargain Discussions In Galveston

If you’re offered a plea deal in Galveston County, here’s how the process typically works:

Step 1: Review Of The Evidence

We start by requesting discovery from the prosecution under Texas Code of Criminal Procedure Art. 39.14. We examine the police report, body camera footage, lab reports, witness statements, and any potential constitutional issues (like illegal searches or improper Miranda warnings).

Step 2: Assessment Of Legal Defenses

Every case has unique facts. We determine whether suppression motions or defenses like self-defense, mistaken identity, or lack of intent apply. The stronger your case, the better your bargaining position.

Step 3: Plea Offer From The State

The District Attorney’s office may propose an offer. We assess whether it’s in your best interest and regardless, discuss the offer with you and answer any questions you may have. If the plea offer is not in your best interest, we may recommend rejecting it and preparing for trial or pushing for a better deal.

Step 4: Client Conference

We explain all the legal consequences in plain English, including sentencing ranges, probation eligibility, fines, collateral consequences, and long-term effects of the conviction.

Step 5: Court Hearing

If you accept the deal, we attend the hearing with you. The judge will confirm that you are entering the plea knowingly and voluntarily, and that there is a factual basis for the plea.

Common Crimes In Galveston Where Plea Deals Are Offered

Some offenses more frequently lead to plea negotiations:

• DWI (Texas Penal Code § 49.04) – Prosecutors are often willing to offer probation-based plea deals.
• Drug Possession (Texas Health & Safety Code § 481.115) – First-time offenders may qualify for diversion or deferred adjudication.
• Assault (Texas Penal Code § 22.01) – May be negotiated down to class C misdemeanor under certain conditions.
• Theft (Texas Penal Code § 31.03) – Sometimes reduced based on restitution or prior record.

When Plea Bargains Might Not Be A Good Idea

There are times when going to trial is the better option:

• Weak evidence
• Strong legal defense
• Prosecutorial overcharging
• Constitutional rights violations
• Client is not guilty

We have taken many cases to trial because the plea deal simply wasn’t fair or didn’t match the facts. In some cases, clients were found not guilty or received lighter sentences from a jury than the original plea offer.

What If You Accept A Plea And Regret It?

It is possible to withdraw a plea in a criminal proceeding, but the likelihood of it being granted by the court depends on when the request is made. If made before sentencing, so long as the defendant makes a showing of good faith effort oin his or her part and a reasonable basis for contentesting guilty, the court will likely allow the plea to be withdrawn. However, after sentencing, it is chakllenging to withdraw a plea. At this stage, the defendant must make a showing of manifest injustice should the court not allow the withdraw. The most common method for doing this would be by filing a motion for new trial and it must be done within 30 days of sentencing.

Frequently Asked Questions About Plea Bargains In Galveston

What Happens If I Reject A Plea Deal?

If you reject a plea deal, your case continues toward trial. This gives you the chance to challenge the prosecution’s evidence, present defenses, and potentially be acquitted. However, if you are convicted after trial, your sentence may be higher than the offer. That’s why it’s critical to review all options carefully with your lawyer.

Can I Get Probation As Part Of A Plea Deal?

Yes, many plea deals include community supervision (probation) instead of jail time under Texas Code of Criminal Procedure Art. 42A.053, judges can order probation for eligible offenses. However, not all crimes qualify. Some charges, especially those involving deadly weapons or certain felonies, may not allow for probation to be assessed due to the severity of the charge(s).

Does Accepting A Plea Bargain Mean I’ll Have A Criminal Record?

Possibly, it comes down to what the plea deal is specifically. Keep in mind, however, that even if the deal involves probation, that can show up on your record and depending on the type of probation you took, it could show as a conviction on your record. That record may be visible to employers, landlords, and others. In some cases, you may qualify for a non-disclosure (meaning, a sealing of your record) later, but not always.

What Is Deferred Adjudication?

Deferred adjudication is a form of probation where the judge delays a finding of guilt while you complete certain conditions. If successful, you avoid a conviction. This is allowed under Texas Code of Criminal Procedure Art. 42A.101. However, violating the terms can lead to conviction and full sentencing.

Can I Change My Mind After Accepting A Plea?

Once the judge accepts your plea and sentences you, it’s very difficult to undo. You’d need to file a motion for a new trial or appeal on specific legal grounds, such as coercion or ineffective assistance of counsel. That’s why we take extra care to make sure clients understand all outcomes beforehand.

Is A Plea Bargain Better Than Going To Trial?

It depends. If the evidence is overwhelming, a plea may lead to a lighter sentence than a trial conviction. However, if the case is weak or your rights were violated, the trial may offer a better outcome. Each case is different, and we evaluate every angle before recommending a decision.

How Long Do I Have To Accept A Plea Bargain?

There’s no set deadline under Texas law, but prosecutors may withdraw offers at any time. Here at Mark Diaz & Associates, we have spent years developing relationships with the court staff and prosecutors in Galveston County so as a matter of professional courtesy, prosecutors will almost always tell us the dealine to accept a plea offer by because of our ongoing work relationship. In some cases, offers can expire if not accepted by a specific court setting. It’s important to make decisions with proper legal advice and not under pressure.

What Is A “No Contest” Plea?

A “no contest” or “nolo contendere” plea means you’re not admitting guilt, but you’re not fighting the charge either. Under Texas law, it has the same legal effect as a guilty plea in criminal court, but it may offer some protection in civil lawsuits related to the incident.

Will The Judge Always Accept A Plea Deal?

Not always. The judge must confirm that the plea is voluntary and supported by facts. Judges can reject deals they believe are unjust or if the defendant doesn’t understand the consequences. We make sure everything is properly prepared so your plea is accepted without problems.

Can I Get A Better Deal If I Cooperate With Police?

Sometimes. Cooperation can be part of the plea negotiation process, especially in larger cases. However, we urge extreme caution. Never agree to cooperate without first talking to your lawyer. Cooperation must be in writing, clearly defined, and offer something meaningful in return.

Talk To Galveston Criminal Defense Attorneys Who Fight For Your Best Outcome

If you’re facing criminal charges in Galveston or Houston, and a plea bargain is on the table, don’t make this decision without trusted legal guidance. At Mark Diaz & Associates, we’ve helped thousands of clients protect their rights, avoid harsh sentences, and make informed decisions that reflect their best interests, not just what the prosecution wants.

Whether you’re dealing with a DWI, drug charge, assault, or theft, our team will take the time to understand your case, explain your options, and fight for the best possible result. Sometimes that means negotiating a smart plea bargain. Other times, it means going to trial. Either way, you’ll have a team that’s fully committed to your defense.

Contact our Galveston criminal defense attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation.