Officer Reaches Plea Agreement in Assault Case

In October of 2009, Stefano Pothos, a sheriff’s deputy in Galveston County, was arrested on assault charges. According to news reports, Pothos was arrested on charges of felony assault-family violence after being accused of hitting his wife during an argument.

After more than a year of negotiations, prosecutors have finally reached a plea agreement with Pothos. According to a report by KHOU, prosecutors agreed to drop the felony charge to a misdemeanor if Pothos agreed to surrender his peace officer license and give up his career in law enforcement.

Plea Bargaining a Common Practice

Plea bargains, like the one in the Pothos case, are a fairly common practice in the criminal justice system, as only a small percentage of criminal cases go to trial. Author and law professor Robert Burns estimates that over 95 percent of criminal cases are resolved through a plea bargain, the rest will go to trial or be dropped by the prosecutors.

Plea bargaining can take different forms depending on the case and the charges involved. In some cases, the plea bargain may be an attempt by the defendant to reduce the charges, either from a felony to a misdemeanor or another lesser charge. In others, the defendant may agree to a plea for a sentence recommendation by the prosecutor, usually involving a reduced sentence or minimal jail or prison time.

There may also be situations in which the prosecutor will engage in what is commonly referred to as “overcharging.” These cases involve prosecutors charging higher degrees of crimes or issuing multiple charges against the defendant. This is typically an attempt by the prosecutor to force the defendant into a plea agreement.

Working With an Attorney

There are numerous criticisms to plea bargaining. Many argue that the practice encourages innocent people to plead guilty to crimes they did not commit out of fear, leaving the guilty party free to commit future crimes.

If you are facing criminal charges, it is important not to face the prosecutor alone. Even minor criminal convictions on your record can have a significant impact on your life and your future. Working with an experienced criminal defense attorney can help ensure that your rights are protected.