Should Innocent Defendants Ever Take a Plea Deal in Texas?

 Posted on November 23, 2025 in Criminal Defense

Pleading guilty to a crime you did not commit sounds unthinkable for most people. Yet in Texas, innocent people accept plea deals every day for a variety of very valid reasons. In Texas – and across the United States – the criminal justice system resolves most cases through negotiated pleas rather than jury trials. According to the American Bar Association, about 98 percent of all federal cases and between 90 and 95 percent of all state-level cases are resolved through plea bargaining.

For those who are guilty of the criminal offense they are charged with, a plea deal can result in less time than they would likely have received at trial. For the truly innocent person, however, the question of whether he or she should accept a plea bargain is a far more complex question. A Hood County, TX criminal defense lawyer can help you understand the risks, pressures, and possible consequences that allow you to make the most informed decision for your future.

How Does the Texas Plea Bargain System Work?

A plea bargain is a negotiated agreement between the prosecutor and the defendant’s attorney where the defendant pleads guilty in exchange for a concession, such as a lighter sentence or reduced charges. There are essentially four types of plea bargains:

• Charge bargaining, where the prosecutor agrees to reduce the original charge to a less serious offense.
• Sentence bargaining, where the defendant pleads guilty to the original charge in exchange for a reduced sentence.
• Fact bargaining, where the defendant agrees to admit specific facts in exchange for the exclusion of other facts.
• Deferred adjudication, which involves a successful period of probation, then dismissed charges.

Why Would an Innocent Defendant Consider a Plea Deal?

Since a jury conviction often results in harsher sentences than a plea deal would offer, and because a prosecutor may threaten additional charges if the case goes to trial, an innocent defendant might consider a plea deal. In particular, when sentencing enhancements are at hand (habitual offender or deadly weapon), the stakes are dramatically increased, leading an innocent person to consider a plea deal.

Financial pressure is another reason an innocent defendant might consider a plea deal. Trials are costly, and the defendant may miss work or lose his or her job during prolonged litigation. Weak or circumstantial evidence that still looks bad is another reason some defendants may opt for a plea bargain.

Innocent defendants are often charged based on mistaken eyewitness IDs, DNA contamination, other questionable lab results, or coerced witness statements, making even the most innocent defendant fear a jury will not believe him or her. Finally, a defendant stuck in jail because of an inability to afford bail may face significant pressure to enter a plea deal.

What Are the Risks of Accepting a Plea Deal When You Are Innocent?

Pleading guilty or "no contest" creates a conviction that is unlikely to be expunged in Texas, causing employment, housing, and professional licensing consequences for life. A guilty plea can result in firearm restrictions, voting limitations, and barriers to professional licensing and obtaining federal student loans. Probation conditions can be severe, with drug testing, travel restrictions, and curfews, with violations that send the innocent person to jail.

When An Innocent Defendant Might Choose a Plea Deal As the Better Option

When the evidence appears overwhelming (despite innocence), a defendant may choose to accept a plea deal. If the plea offer carries no jail time (deferred adjudication, pretrial diversion, Class C reduction), then it might be the best choice. When a plea offer can reduce a felony to a misdemeanor or avoid habitual offender enhancements, then it could be the better option, despite innocence.

Contact a Hood County, TX Criminal Defense Lawyer

Accepting a plea deal when you are innocent is one of the hardest choices you may ever face. A highly skilled Texas felony crimes attorney from The Law Offices of Rob Christian can file motions to suppress illegal searches, challenge unreliable lab work, demand complete discovery, seek pretrial diversion or deferred adjudication, or use expert witnesses to counter flawed state evidence. Attorney Christian is available 24/7 and is a former Hood County District Attorney, providing significant benefits to his clients. Call 682-936-4003 to schedule your free consultation.