We’ve all seen that dramatic scene on TV or in a movie when a plea deal is offered at the last second, and it’s “only on the table” for a few minutes. But real life isn’t that dramatic. If you’re wondering how long you have to accept a plea deal, the truth is that each case is different.

There’s no fixed timetable to accept a plea agreement – each prosecutor sets a deadline – but you can usually expect the amount of time you have to decide to be fairly reasonable, unless the offer comes just before or during a trial, or immediately after your arrest but before your bail is set. And if you’re given an unreasonable deadline, there are ways to request an extension.

READ MORE: Do you go to jail immediately after accepting a plea deal?

How Long Do You Have to Accept a Plea Deal?

There is no fixed time limit to accept a plea deal. In fact, you may not ever be offered one. However, if a prosecutor makes an offer, you could have a day, a week, or even a month to accept. It is completely up to each prosecutor.

Typically, in our experience, you will have a reasonable amount of time to consider a deal. The court system is slow, and that means that an initial offer can be on the table for months. 

Quick decisions are usually only required after a trial date has been set, or if you can’t afford to post bail. Many indigent defendants often feel compelled to accept plea deals because they can’t afford to post bond. 

When faced with the choice between spending six months in jail – where you can’t earn a living or even necessarily be guaranteed basic medical care – or pleading guilty simply so you can be released (which leaves you saddled with a criminal record), it can be a no-win situation. If this is what you’re facing, request to speak with an attorney before accepting any offer. It’s important that you fully understand the long-term implications of accepting any plea deal.

When you accept a plea deal, you’re agreeing to plead guilty or no contest, and will be saddled with a lifelong criminal record. You’re also giving up options to other potential sentencing alternatives, including community service, mandatory counseling programs, or deferred adjudication.

It’s important that you don’t simply accept without considering the ramifications. Terms of a plea deal require you to plead guilty or no contest. This will likely leave you with a lifelong criminal record.

Many people have accepted plea bargains without totally understanding their other options and end up regretting their decision. 

Is There a Time Limit On Making A Plea Bargain?

During your case, a plea deal can be offered at any point between when you’re charged up until the point that a judge or jury announces a verdict. There is no time limit.

Any time a prosecutor offers a plea deal, your attorney is required to present it to you – even if they think it’s a weak offer. This is one of many reasons why you should choose an attorney you trust. They will give you an honest assessment of whether better options may be available to you.

Plea deals are more likely to be beneficial to you if they’re offered early in the process, before the prosecution has devoted time to gathering evidence against you. Also, initial offers may leave room for negotiation. Your attorney may be able to offer letters expressing remorse for your actions, character references, or examples of community service, which could convince a prosecutor to revise the terms of the offer. 

It Might Be Better to Wait

On the other hand, if your lawyer believes the prosecutors are bluffing, or simply that they have a weaker case than what their initial offer implies, sometimes the best strategy is to delay accepting it until after you have set the case for trial. Once the case is set for trial, the pressure is on the prosecutors to really assess whether or not their case is strong enough to succeed in front of a jury or judge.

For instance, if they assumed that a certain witness was going to cooperate with them, and then find out just before trial that this witness has disappeared or has cold feet about testifying, the pressure of an impending trial date can push the prosecutors to offer a better deal to avoid the risk of losing completely. 

READ MORE: How long after a plea deal is sentencing?

Prosecutors Can Revoke Plea Deals at Any Time

If there is significant movement in the case (say, new evidence is discovered, the case for motions or the trial date is near), understand that the prosecutor can – and will – revoke the offer.

Plea offers can be withdrawn or revoked at any time until the judge has approved the deal. This should be an important consideration if you reach a deal that everyone finds agreeable.

The Judge Doesn’t Have to Accept the Plea Deal

Even after you’ve reached an agreement with the prosecutor, you will have a hearing before a judge (typically within a few hours or days). The judge will decide whether to accept or reject the deal. He also does not have to comply with any agreed-upon sentencing. If the judge rejects the deal, it will either have to be completely renegotiated or your case will go to trial.