Charges have been filed, arraignment is set, and trial is not far off. No matter the charge, from a traffic violation to a felony, it is important to be informed of, and understand, the consequences of accepting a negotiated disposition (more commonly known as a “plea deal”) offered by the prosecution.  

When facing criminal charges, it would be wise to consult with a local defense attorney about your options. Local counsel is typically familiar with local courts, the prosecution and available programs in the area. Equally important, an attorney will advise you as to the potential penalties for the crime and how those penalties will impact your future.

Perhaps instead of potential jail time, a prosecutor offered the “plea deal” of six months in the house of corrections, all suspended, plus a monetary fine, in exchange for one year of good behavior. At first glance the offer may sound attractive, allowing the opportunity to avoid serving time in jail. However, there are a number of things you may not realize:

•  The prosecutor may be offering you a plea deal at an early stage because the State has a weak case.  The State may be concerned with a non-compliant witness, an evidentiary issue, or worse, a constitutional violation.  An attorney will review police reports and strategically file the appropriate documents with the Court to preserve your rights.

•  The judge may reject your your plea.  The judge may think the agreed upon sentence is inappropriate or may believe that your prior record calls for a harsher sentence.  A reputable attorney who zealously argues on your behalf may cause the judge to think differently about your case.

• There may be other consequences tied to your negotiated disposition. For instance, a first DWI/DUI conviction in New Hampshire also holds a 1-year loss of boating license, therefore, while you may have your driver’s license restored, your boating license will remain suspended for an entire year after your conviction.  An attorney should be able to address these concerns with you and discuss the best potential resolution and its consequences.

• You have a right to a trial, and an appeal process. By accepting a negotiated disposition, you waive these rights. These are important constitutional rights.  If you feel strongly that you are innocent of the charges brought against you, your counsel should take your case to trial and present all of the evidence effectively and preserve all of your appeal rights. Trial is a risk- but it is your right to have one.

• If any other crimes are committed within the period of good behavior, you may be required to serve the suspended jail time, pay the suspended fine or comply with other legal requirements. An attorney can advise you of these potential consequences and may even be able to negotiate them down.

• When you accept a deal and agree to plead guilty or ‘no lo contendre’, a conviction will be entered on your record. This may result in a variety of undesired consequences (i.e., if the plea required admitting an act of dishonesty, the conviction may be used against you in future legal matters, or in other cases, a first conviction can be used to enhance a penalty for a second offense). An attorney should be able to advise you of this impact.

While hiring an attorney is not an inexpensive endeavor, in many instances it will pay off in the long run. A defense attorney can explain the possible pitfalls of a plea offer and help you make your decision with full knowledge of the consequences. If you have been arrested in New Hampshire and want to minimize your penalties or beat the charges, you may benefit from discussing your case with experienced defense counsel.

Attorney Allison Ambrose has the experience to defend you from criminal charges and motor vehicle complaints. Free consultations are available upon request.