Trial Vs Plea Deal in Rhode Island: What You Need to Know!

In many Rhode Island criminal defense cases, the prosecution may offer a plea deal, sometimes also called a plea bargain or agreement, to the defendant. In general, this can mean that the case does not have to go to trial. It may seem like a no-brainer to accept a plea deal, but the decision is often more complicated. For a defendant facing criminal charges, here’s what you need to know about a trial vs a plea deal in Rhode Island.

Plea Agreements in Rhode Island

A plea deal is an agreement between the prosecution and a defendant charged with breaking the law. In general, the defendant agrees to plead guilty or no contest to a charge, and in return, the prosecution offers reduced charges, lighter sentences, or other compromises that benefit the defendant. This also benefits the prosecution because they resolve the case without the time, cost, and other resources involved in going to trial.

Nationwide, more than fourteen million criminal offenses were reported in 2024, and over 97% were resolved with plea deals. Only about 2% of cases end up going to trial in court.

How Plea Deals Work

In most cases, a plea deal is discussed after a person is arrested and formally charged and before their trial actually begins. The process usually begins with your criminal defense attorney and the prosecutor in your case discussing possible terms of a plea deal. This may involve negotiating various elements such as the charges, sentence or other penalties, the count or number of charges, or, in rare cases, specific facts being admitted into evidence.

If your lawyer and the prosecutor reach a deal, your lawyer presents it to you and explains the agreement, how it affects you, how you benefit, and what you give up. Your attorney can also advise about the pros and cons of the offer versus going to trial. Then you decide whether to accept the offer, reject it, or counter it. A plea deal is not finalized until a judge approves it. Until that point, the defendant or prosecution can change their mind.

Trial vs Plea Deal in Rhode Island

When your case goes to trial, there is the chance of receiving a not guilty verdict, but there is also the risk of a harsher sentence. Trials can take a long time, cost a lot of money, and have a lasting impact on an individual’s personal and professional standing. A plea deal allows the defendant to receive reduced charges or sentence and a quicker resolution, but they have to admit guilt and waive their right to a trial, and are often left with a permanent criminal record.

Factors to Consider in a Plea Deal

You should never take a plea deal without first consulting a criminal defense lawyer.  It can seem like this is the better option. However, it is essential to consider all the legal and case-specific factors, such as:

• The strength of the evidence
• The severity of the charges
• What rights do you give up
• Whether you keep your right to appeal
• The possible outcomes of losing at trial
• Your criminal record
• The speed and certainty of the result
• The financial and emotional toll on you and your family
• Other possible future consequences, such as difficulty finding housing or professional concerns

How a Criminal Defense Lawyer Can Help

If you are facing allegations of criminal offenses, your first step is to hire a criminal defense lawyer to help you navigate the legal process and advocate for your rights and interests. The legal team at Ellison Law LLC has significant experience with Rhode Island criminal defense laws. Our attorneys have successfully secured favorable outcomes in hundreds of criminal defense cases, including:

• Larceny
• Shoplifting
• Stolen vehicle or parts
• Trespassing
• Vandalism
• Obstruction of justice
• DUI
• Hit and run
• Suspended license
• Reckless driving
• Traffic tickets
• Assault
• Breaking and entering
• Conspiracy
• Disorderly conduct
• Domestic violence
• Drug-related offense
• Gun/firearms charge
• Juvenile charges
• Minor in possession of alcohol
• Record sealing
• Probation violation
• Bail violation
• No contact order violation
• Expungement

FAQs

What’s the Difference Between a Plea Deal and a Trial?

A plea deal is an agreement in which a defendant receives a reduced charge or lighter sentence by pleading guilty, and a trial is where a jury or judge examines all the evidence and determines the defendant’s guilt or innocence. A plea deal and a trial offer differ in the certainty of the outcome, as well as the speed and cost associated with resolving the case. It is important to note that plea deals are not always an option.

Should I Accept a Plea Deal?

You should never accept a plea deal without first having it reviewed by a criminal defense attorney.  In general, prosecutors may offer a plea agreement because it benefits the courts. But this does not necessarily mean the agreement is the right choice for the defendant. Many people do not know how to negotiate effectively with the prosecution or even that negotiating is an option. Your lawyer can help you decide if a plea deal gives you a favorable outcome.

How Likely Is a Judge to Accept a Plea Deal?

A judge is generally pretty likely to accept a plea deal when the prosecutor recommends it because it helps the court system as well as the defendant. In some plea deals, part of the sentence may still be left open to the judge’s discretion. But judges are not required or obligated to accept a plea deal. In some cases, the judge may reject a plea agreement due to leniency, victim concerns, procedural issues, missing requirements, or public interest.

Who Decides if You Get a Plea Deal?

In general, the prosecutor decides whether to offer a plea deal. Your criminal defense lawyer can generally negotiate with the prosecutor using counteroffers until a mutually acceptable plea deal is reached. For a plea deal to be formally finalized, though, a judge has to review and accept the agreement. In some cases, the judge may ask for the terms of the deal to be modified, and sometimes part of the deal is left up to the judge to decide.

Trusted Rhode Island Criminal Defense Attorney

You don’t have to face criminal charges alone. Contact Ellison Law LLC right away to discuss your case.