Who punishes me if I am found guilty or take an offer? (Sentencing)
In Texas, for certain crimes a Judge or Jury can give elect the Sentence (punishment). If you take an offer made pre-trial, whether it is from the Court or the District Attorney, then normally a Judge will sentence you per the agreement.
A plea bargain is generally the only way to know for sure what your sentence will be, however, in such an agreement you may be asked to admit conduct that you may not be comfortable with. Or, plea bargaining on a case where there is little chance of a viable defense may result in receiving an offer that is too high to accept.
Alternatively, the decision to go to trial offers a range in which the sentence may fall to give an idea of the possible sentences. While trial can be seen as a gamble, since there are no guarantees, it may be the wisest decision based on your case facts and history.
Clients often ask "What are my chances at trial, in percentages?" Unfortunatly, there is no accurate way to predict a trial, let alone assign that prediction a precentage. Jurors are instructed to follow the law, but applying law to the facts of a case can be tricky. All of us have predisposed notions of what is right or wrong, or how the law may fit into certain categories of conduct. In one case, a holdout juror may cause a mistrial, and yet, in another trial, a holdout juror may cave in to the pressures of the other jurors, ultimatly giving in and delivering a verdict they are not comfortable with. Trials are impossible to fully predict, but a good lawyer will set forth the pros and cons of going to trial, including the best and worst issues at hand.
For more information, visit our List of Texas Sentences and Punishments for certain crimes page.