Let’s say that you are charged with a crime in the Denver area, and you in fact committed the crime. The state has overwhelming evidence against you, so you decide to plead guilty. Even in this situation, you will need the advice and services of a Denver criminal defense attorney.
Before you enter a plea, sign a plea agreement, or answer any questions from the police, you need the personalized advice that a good defense lawyer will provide. Even when you’re guilty, the right Colorado attorney can fight for you to receive reduced or alternative sentencing.
Of course, if you are innocent of the crime that you are charged with, and if the charge cannot be dropped or dismissed, you should insist on your right to a trial by jury. But if you’re guilty and the evidence is strong, a Colorado defense attorney may negotiate a plea bargain on your behalf.
How Many Cases are Resolved With Plea Bargains?
A plea deal resolves a criminal case without the need for a trial. In fact, criminal cases in Colorado seldom go to trial. In fiscal year 2019, for example, more than 56,000 new cases were filed in this state’s criminal courts. Of these, only 1,110 went to trial – not even two percent.
Plea negotiations may begin even before the defendant is charged. Negotiations can still take place once a trial has commenced or at any point before a verdict is rendered.
If you are arrested, do not accept a first plea bargain offer before meeting with your defense attorney. With a first offer, a prosecutor may be trying to take advantage of your fear of going to jail or prison.
What Factors Are Considered In Plea Negotiations?
Almost every plea bargain offer can be negotiated. A good defense lawyer will help you decide if an offer is right for you or if further negotiation is required. What factors are considered during plea negotiations?
1. the seriousness of the charge or charges
2. the nature of the evidence
3. the likelihood of an acquittal or conviction if the case goes to trial
4. the court’s schedule and how long it will take for a trial to begin
How Do Plea Negotiations Begin?
Either side may initiate plea negotiations. Before plea bargaining begins, attorneys on both sides will investigate the details of the case, speak with witnesses, examine any physical evidence, and review any other factors that might help to establish the defendant’s guilt or innocence.
If the state’s evidence is weak, your DUI attorney will show the prosecutor those weaknesses, and this may result in a plea bargain offer. In some cases, if the evidence against a defendant is inadequate to prove guilt, a prosecutor may drop the charge entirely.
But even if the state’s case is strong, a prosecutor may offer a plea bargain to avoid the time and expense of a jury trial. In Colorado and every other state, there is simply no way that the justice system could function if every case went to trial. The courts would grind to a halt.
What Advantages Do Plea Bargains Offer?
For prosecutors, the advantages of a plea bargain include a reduced caseload and savings to the taxpayers. For defendants, the advantages may include but aren’t limited to:
1. avoiding the cost and uncertainty of a trial
2. avoiding jail (in many misdemeanor cases)
3. reducing time in prison (in many felony cases)
What Are the Disadvantages of Accepting a Plea Deal?
If you’re innocent, a plea bargain should probably be rejected, and you should insist on a trial where your Denver criminal defense lawyer can explain your innocence to jurors and ask them to find you not guilty. The disadvantages to accepting a plea deal include:
1. losing the chance to be found not guilty by a jury
2. losing the right to appeal your conviction
3. restrictions on your rights and freedom if you’re placed on probation
Is a Guilty Plea Required for a Plea Agreement?
To obtain a plea agreement that you can live with, it’s not always necessary to enter a guilty plea. With an adult diversion plea bargain, a defendant enters a treatment program before any charge or charges are filed (or enters quickly thereafter, and the charge or charges are dropped).
You must enter a guilty plea to obtain deferred sentencing, but after you complete a diversion program successfully, the charge is dismissed and your record can be sealed.
When Should You Plead No Contest?
In other cases, you may be allowed to plead “nolo contendere,” (a Latin phrase that means “no contest”). A no contest plea means that you are not admitting guilt, but you are not contesting the charge and you’re willing to accept the consequences of a conviction.
A no contest plea counts as a conviction, but it can help you if you are sued by a victim for damages. If you plead guilty, and you are sued, your admission of guilt can be introduced as powerful evidence against you in civil court, and a lawsuit against you will probably prevail.
A no contest plea also allows you to explain to potential future employers that even though you were convicted of a crime, you did not admit guilt.
Can a Judge Reject a Plea Agreement?
Once a plea deal is hammered out between a prosecutor and your Denver domestic violence attorney, the prosecutor will present and recommend the agreement to the judge. Judges are not required to sign off on plea deals. The factors a judge may consider include but aren’t limited to:
1. a defendant’s previous criminal record
2. the recommendations of investigators and treatment providers
3. the statements of alleged victims, family members, and other involved parties
4. the nature of the crime and the details of the incident
While Colorado judges are free to reject a plea agreement, they do so rarely. In the rare cases where a judge rejects a plea deal, the prosecutor and defense lawyer may continue negotiating and try again.
Can a Plea Agreement be Changed?
Generally speaking, after you accept a plea agreement, it cannot be changed. In rare cases, you may be able to change a plea agreement if:
1. Your attorney provided ineffective counsel.
2. You were legally incompetent when you accepted the deal.
3. The prosecutor or the police committed any type of fraud in your case.
If you are charged with any crime in the Denver area or anywhere in Colorado, the most important thing to remember is that you must have the help of the right Colorado criminal defense attorney before you allow any interrogation or plea negotiations to begin.
