You may. Your attorney will discuss options with the prosecutor and advise you of any offers made. They will negotiate on your behalf, but will not make any deals for you without your permission. You will decide, with your attorney’s help, whether you want to enter into a plea agreement with the Government. It is important to know that plea agreements in federal court do not contain guaranteed sentences. This is because the sentence you receive will be solely up to the judge. Plea agreements are written contracts between the defendant and the prosecutor, not the judge. However, in exchange for a plea of guilty, the prosecutor may agree to dismiss some counts, allow you to plead to a different, lesser charge, or agree to recommend a lighter sentence. Sometimes, in exchange for a plea offer the Government may ask you to “cooperate.” This means they want you to answer questions and give information about your crimes and the crimes of others. However, not everyone is asked to, so just because someone has a plea agreement does not mean they cooperated with the Government.
Even if you are not offered anything in exchange for a guilty plea, you can still plead guilty. In most cases you will still get a lighter sentence than if you were to be found guilty at trial. This is because the Sentencing Guidelines give a credit for “acceptance of responsibility,” which is demonstrated by a plea of guilty.
If you choose to plead guilty, a time will be set for you to appear before the judge to change your plea from not guilty (entered at your arraignment) to guilty. You will be giving up some important constitutional rights. At your Change of Plea hearing, the court will want to be sure you understand those rights and that you are making the decision voluntarily. The court will also want to make sure you understand the possible sentences and will ask you to describe what you did that makes you guilty. Your attorney will work with you to prepare you for the hearing.