Don’t Be Fooled Into Thinking That Plea Bargaining Is The “Easy Way Out” Of Your Troubles
Two words explain why the number of criminal charges brought each year far exceeds the number of criminal cases that go to trial and verdict: plea bargaining. Many criminal defendants (hopefully in consultation with their Utah criminal defense attorney) choose to strike a deal with prosecutors rather than roll the dice before a judge or jury.
In certain circumstances, a deal with the prosecutor is the best among a host of unappealing options. Unfortunately, too many criminal defendants see plea bargaining as an “easy way out” of their current predicament, which will quickly end their ordeal and spare them from the worst possible consequences.
Indeed, a plea deal can be pretty attractive when facing the costs and uncertainty of a criminal trial. Locking in a shorter sentence or fewer consequences can be tempting. But the choice of whether or not to enter a plea is far from easy.
If you let that desire for quick resolution color your judgment when considering a plea bargain, you could be making an irreversible mistake.
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The Harsh Realities of Plea Bargaining
While a plea bargain may seem like an easy and quick way out of your troubles—and may be the right decision in some cases—you need to understand the consequences of accepting such an offer from prosecutors. The impact of negotiating your sentence can last a lifetime.
Careful thought and the advice of an experienced Salt Lake City criminal defense attorney are essential before entering into a plea deal. Your attorney will be able to evaluate the facts, the strengths and weaknesses of the prosecutors’ case against you and your defenses, and the totality of circumstances so you can make an informed decision about how to proceed.
The first thing to understand about plea bargaining is what a plea deal is. A plea deal is an agreement between a criminal defendant, their lawyer, and prosecutors.
During the plea bargaining process, the accused pleads guilty to a crime, often a lesser offense than the current charge, with a correspondingly shorter or less severe sentence.
However, the immediate sense of relief that may come with an accepted plea deal also comes with a price. There are no free passes when it comes to a plea deal. Here are four critical things to consider when plea bargaining.
You Are Pleading Guilty To a Crime
No jury or judge may find you guilty of a crime, but when you enter a plea bargain, you declare yourself guilty of a criminal offense. Even if the agreement is simply for the payment of fines or time served, you now have a criminal record that follows you around for decades, if not the rest of your life.
Pursuing employment and educational opportunities may become much more complex, and you could lose many other rights, such as voting and the right to gun ownership, and other privileges, such as your right to a driver’s license, after a conviction. Take careful consideration when entering a plea bargain, and always do so after consulting your Salt Lake City criminal defense attorney.
A “No Contest” Plea Still Means a Criminal Record
While pleading “no contest” or “nolo contendere” rather than guilty may seem like it should mean something different, as a practical matter, it doesn’t. While you may not admit guilt, your plea has the same effect as a guilty plea.
You will still be convicted of a crime and have a criminal record that reflects that conviction.
You Are Waiving Your Right To a Trial – and Giving Up The Possibility of Beating The Charges
All criminal trials involve uncertainty and risk. There is no such thing as a “slam dunk” case, either for a prosecutor or a defendant. But there are almost always defenses available for those accused of crimes, and a skilled defense attorney can challenge police conduct or attack the prosecution’s evidence and witnesses in many ways.
Accepting a plea gives up any opportunity to beat the charges and move forward without a criminal record. When you accept a plea bargain and give up this valuable opportunity to defend yourself, you alter the course of your life. Don’t risk your freedom and future.
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No Take-Backs After Plea Bargaining: Withdrawing a Plea Isn’t Easy.
Once you sign on the dotted line of a plea agreement, it is challenging to get out of it. In Utah, withdrawal of a guilty plea is limited to a particular circumstance. “Buyer’s remorse” won’t cut it.
Under Utah Code § 77-13-6, a guilty or no contest plea may be withdrawn only before sentencing, which requires the court’s approval. The defendant must show that the plea agreement “was not knowingly and voluntarily made.”
When you consider your options, only consider plea bargaining under the direction of your experienced Salt Lake City defense attorney. Their knowledge of local courts will prove invaluable, and they will guide you through your court case with a solid defense strategy.
Before You Consider Plea Bargaining, Contact Intermountain Criminal Defense
Whether through plea bargaining or aggressively fighting the charges at every turn, the Salt Lake City criminal defense attorneys at Intermountain Criminal Defense will take all necessary steps to obtain the best possible outcome in your case. Your freedom and future are on the line; don’t take matters into your own hands. Trust the guidance of an experienced Utah defense attorney.
Contact Intermountain Criminal Defense today to arrange for your free initial consultation.
