The term “plea bargain” is often misleading to the public since it seems to imply that the defendant has received a light sentence. It is my office’s goal to negotiate a punishment which you find acceptable. The vast majority of criminal cases are resolved by a plea bargain, which is, like in a civil case, a negotiated settlement. A plea bargain is an agreement between the prosecutor, the defendant, and the defendant’s attorney that the State will recommend a specific punishment if the defendant will enter a plea of guilty.
In exchanged for a guaranteed punishment against the defendant, the defendant gives up all of the Constitutional Rights pertaining to criminal law that all citizens have. When plea bargains are reached, victims and other witnesses are not required to come to court to testify, and the large numbers of unresolved cases can be reduced. In arriving at a proper punishment through a plea bargain, the facts of the case, and prior criminal record, if any, of the defendant will be considered.
As part of the plea bargaining process, your victim impact statement, if completed and returned to my office, will play an important role. The victim impact statement provided by the victim, guardian of the victim, or close relative of a deceased victim will be considered by the attorney representing the state in entering in the plea bargain agreement. The judge, before accepting the plea bargain, is required under Section 26.13 (e) of the Texas Code of Criminal Procedure to ask: whether a victim impact statement has been returned to the attorney. If a statement has been returned, the judge must ask for a copy of the statement.