Plea deals can be a good way to negotiate a better outcome for your case. However, many of our clients are unsure of the process and commonly ask whether they’ll go to jail immediately after accepting the plea deal. The short answer is that it’s possible.

However, as with most instances in the Texas legal system, the answer is not always clear-cut. It will depend on the jurisdiction, the judge, the charges you face, any history you have with the criminal justice system, and any proposed sentence.

While some courts will sentence you as soon as you enter your plea, other courts typically schedule a separate sentencing hearing, which allows judges time to weigh factors that might influence your sentence. 

Will You Go To Jail Immediately after Accepting a Plea Deal?

The key thing to remember is that when YOU agree to accept a plea deal won’t determine when you’ll go to jail. It’s when the judge accepts it, which can happen within a few hours or days.

After that, there are a few possible outcomes.

• If a judge accepts a plea deal that involves time in county jail, you may immediately be taken into custody and transported to jail
• If a judge accepts a plea deal that involves time in a Texas Department of Criminal Justice facility, you could be taken into custody, sent to county jail, and then transferred into the TDCJ system
• The judge could accept the deal and then schedule a completely separate sentencing hearing for you to “turn yourself in,” which could happen weeks later

Sometimes, the court will conduct a Pre-Sentence Investigation (PSI) after a plea. This is where both the prosecution and defense make arguments to the court in a report given to the judge before the sentencing date. This could delay your custody event. If you were already in custody before the plea, it’s more likely you will remain in custody pending PSI.  

Other alternative sentences could also be a factor, including “weekender” programs that allow you to work during the week and serve out your jail time on weekends. For those, you typically won’t be required to report to jail immediately unless your hearing is already on Friday.  Sometimes, judges will impose an electronic monitor instead of actual jail time.  All of these scenarios are case-specific.

Ultimately, whether you’ll go to jail immediately will depend on the court, the judge, and the sentence. Some plea deals offer deferred adjudication or probation. In those instances, jail shouldn’t be required unless it is a condition of community supervision or required by the law for some offenses, even if your sentence is probated.

What Happens After You Accept a Plea Deal?

Once you’ve reached an agreement with the prosecutors, it will be presented to a judge (typically at the next available hearing date, which could be within hours or at the next date the case is set).

At this point, the judge will review the deal and either accept or reject it. There is no guarantee of acceptance, though statistics show that fewer than 1% of plea agreements are rejected. A judge is most likely to reject your plea deal if they find the terms too lenient or not in line with the case. 

If the judge accepts, you will immediately have to enter a plea (whether guilty or no contest). If a judge rejects the plea negotiation that you’ve entered into with the prosecution, you will be able to take back your plea of guilty or no contest.  None of the plea proceedings would be held against you going forward.

As soon as your plea is entered and accepted, you may immediately be sentenced (though it’s possible that the judge could schedule a separate sentencing hearing). This will depend on the severity of the charges against you, the judge, and the court.

If your sentence involves jail time, it’s very likely that you’ll then be taken into custody and transferred to county jail. 

Can You Delay Reporting to Jail After You Accept a Plea Deal?

Sometimes, it might be possible to delay reporting to jail at a later date than the day of your plea. This should be discussed with the prosecutor before you agree to accept the plea deal. Your lawyer can advise you on the likelihood of getting an extension and potentially negotiate with the prosecution to allow for a self-surrender at a later date.

Make Sure You’re Clear About the Next Steps

If you aren’t 100% clear on what will happen after you enter your plea, do not commit to the agreement. Most prosecutors will give you time to consider the deal. If you’re feeling pressured, contact an attorney as soon as possible. You can also contact the district attorney’s office if you feel as though the prosecutor is not giving you adequate time to reach your attorney for advice.  It’s best to make sure that all communications regarding plea deal negotiation are in writing so there is less room for interpretation of the terms.