Plea Bargaining F.A.Q's

Popular TV shows and movies may make it seem like a criminal case is destined to go to trial immediately after an arrest is made and charges are filed. The reality is only a small number of cases ever make it to trial because nearly all are resolved with a plea bargain.

Since plea bargaining is so common, we think it’s important to shed some light on this matter. Please read this FAQ to learn more about the process.

A plea bargain is when the defendant agrees to enter a plea other than not guilty to one or more of the charges against him or to a lesser charge. In return, the defendant is charged with fewer or less severe crimes, receives a reduced sentence, or receives some other consideration.

A plea bargain is negotiated between the defense attorney and prosecutor and then formalized at a court hearing. A plea bargain ends the case, and there is no trial or further court appearances, other than a possible separate sentencing hearing.

A benefit to a plea bargain could be that the lesser charge carries less severe consequences. It's also possible that after running it's course the charge will not be placed one your permanent record.

Many people plead guilty without first speaking to a criminal defense lawyer. A guilty plea to a criminal charge could stay on your permanent record making it difficult to find a job, rent an apartment and if you are receiving government assistance currently you could lose those benefits.

If you have been charged with a crime and have questions about plea bargaining it's important you contact Greg Watt at (913) 433-3849 right away.

A sentencing hearing follows a guilty plea and determines what the final outcome of the case is going to be based upon recommendations made by both sides of the case. The prosecutor may argue for one thing and the defense may argue for another. Or both sides may be in agreement and the judge simply wants to formalize the agreement at the sentencing hearing.

Another possibility may fall somewhere inside a specific legal spectrum both sides have agreed to work within. The judge can make his/her own determination.

Regardless, the sentencing hearing is rarely given the attention it deserves, and most lawyers fail to capitalize on this opportunity. The truth is a sentencing hearing can have drastic consequences on the outcome of the case.

Always hire the best lawyer you can afford. Remember, you always want to hire a specialist in criminal defense who has the necessary experience to properly present your case in the best possible light throughout the process.

Guilty pleas may result in a conviction or it may not – a good criminal defense lawyer understands the difference between a deferred sentence and a suspended sentence. A good criminal defense lawyer also understands the difference between a suspended imposition of sentence versus a suspended execution of sentence. If a defendant pleads guilty to only some of the charges without a plea deal in place, the case will continue forward concerning the remaining charges.

Even though only a small number of cases go to trial, the court system is overloaded. Judges encourage plea bargains in an effort to promote judicial economy. Prosecutors seek plea bargains to guarantee convictions, keep themselves from being overwhelmed with cases, and bring closure to a victim. Prosecutors will also use plea bargains in cases with more than defendant. Prosecutors often cut a deal for an informants testimony against other defendants.

Defendants usually accept plea bargains for two reasons:

1. the deal is better than the worst possible outcome they could face at trial, or
2. to bring the case to a close so they can move on with their lives.

Part of the reason for reduced sentences is to encourage defendants to come to the proverbial table. In addition, a defendant who pleads guilty is seen as taking responsibility for their actions and showing remorse. The justice system believes that they should be punished less harshly than someone who refuses to admit guilt thereby forcing the state to spend the time and expense of putting on a trial.

Plea bargains are available in some, but not all cases. Some prosecutors have policies against offering plea bargains for certain types of crimes or under other special circumstances. For example, those viewed as habitual offenders rarely get the same plea offer a first time offender would receive.

Similarly, many offices have standard offers that cannot be changed without the proper approval from a senior prosecutor. There is also no guarantee that the offer made will actually be more desirable than taking a chance at trial. Trial can be a great opportunity with the right set of facts; but with the wrong set of facts it can be fools errand.

A plea bargain can be made at any time from arraignment until the jury reaches a verdict. As a practical matter, most prosecutors set an earlier deadline on plea deals or make the offer less favorable as the trial date approaches and they have to spend more time on the case.

A defendant waives certain constitutional rights when a plea is entered. This includes their right to a jury trial, their right to confront the witnesses against them in court, and their right to appeal. They also waive any constitutional challenges to the evidence against them. Defendants have to understand the finality that goes along with a plea. Entering a plea agreement needs to be knowing and voluntary because it doesn’t come with a return policy.

A judge does have the discretion to reject a plea bargain. However, judges give great weight to the agreements between prosecutors and defense attorneys and only reject plea deals in rare circumstances. In other words, most of the time judges sentence the defendant based upon the plea agreement.

However, in federal court and in some states, the judge is free to impose a sentence different than what was agreed to. In those jurisdictions, the prosecutor only agrees to recommend a specific sentence to the judge and the plea is still valid even if the judge imposes a harsher sentence.

Most deals must technically be offered by the prosecutor, but in some cases judges will aggressively attempt to persuade them to make a certain offer. In those cases, the prosecutor will often agree. If the prosecutor refuses to consent to a plea deal, the judge can bypass them by promising a specific sentence to the defendant if they plead guilty to all of the charges.

The Watt Law Firm is known for our defense in an area that is often referred to as a “blind plea.” Some lawyers refer to this as a “plea up” to the court. No other lawyer takes a more aggressive approach concerning blind plea options than Gregory Watt.

A blind plea is simply a plea that involves bypassing the prosecutor altogether in favor of making a straight line to the bench. It can be a highly effective option if pursued responsibly. The reason that the blind plea can be so effective is that it is a way of taking control over the case, and the sentencing hearing that follows. This gives the defense the necessary autonomy needed to put forth some unique features of the case and forces the prosecutor into a responsive posture.

Defending cases based on a blind plea gives skilled lawyers an opportunity to aggressively pursue unique dispositions at the sentencing level. It can be risky, so the defendant has to have all the facts before he (or she) decides this is the best route to take.

The key to success after a blind plea is being able to put on an exceptional sentencing hearing. We take full advantage of this opportunity to show the judge that there are unique circumstances that justify the disposition we are seeking. Sometimes we even engage the use of an expert witness to discuss why we are deserving of a departure from the traditional sentence.

An expert witness is defined as a person whose level of specialized knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case during a legal proceeding. In short, we have success using this approach because of our ability to tell our client’s story in a compelling and persuasive way.

There is no legal requirement to have a lawyer to enter a plea. However, a plea involves the waiver of important rights, and the fairness of an offer must be weighed based on the strength of the evidence, any legal arguments that may exist, and what offers have been made on similar cases in the same jurisdiction. This makes the advice of an experienced lawyer very important.

No other area is more dangerous for clients who walk haphazardly into a diversion or plea without the advice of counsel than the first time DWI/DUI.

This area is never to be taken lightly. Seek the advice of The Watt Law Firm immediately if you are charged with a DWI/DUI, or any other crime, for that matter!

While it would be foolish to completely ignore a/the defense attorney’s advice, the defendant has the absolute right to make the final decision. This decision often rests on whether the defendant is willing to accept the consequences of the plea bargain or the potentially harsher consequences following a trial.

It is possible for a defendant to plead guilty without having to admit to the allegations. In what’s known as an Alford plea, the defendant enters into a plea bargain with the understanding that they do not admit guilt but are pleading guilty because the risk of harsh consequences after going to trial are so high that they wish to avoid them by accepting the reduced consequences offered in the deal.

In essence, the defendant admits that the evidence is compelling and it is in their best interest to avoid trial and enter into a guilty plea.