A felony conviction in Colorado can have lifelong repercussions. Penalties may include lengthy incarceration, significant fines, and more. Oftentimes, plea bargains are used as a means to mitigate potential sentences and reduce some of the most serious charges.
If you have been arrested or charged with a crime in Colorado, it is critical that you thoroughly understand the plea bargain offered—before accepting it. While it can be advantageous to accept a plea deal, it comes with risks and certain drawbacks. In this article, we will first consider the various types of plea bargains commonly offered in Colorado. We will then look at how these may impact the outcome of your case, as well as your fundamental rights.
When facing criminal charges, it is always in your best interests to consult an experienced defense attorney. A knowledgeable criminal defense lawyer will ensure you understand your legal options and help determine how you should plead your case.
At Wolf Law LLC, our aggressive, compassionate defense attorneys are adept at handling a wide variety of felony, misdemeanor, and municipal charges. Talk to us in a free consultation to find out your options.
What Is a Plea Bargain?
In Colorado, a plea bargain is a binding agreement between the prosecutor and the individual facing felony charges. The plea agreement settles one or more of the criminal charges without a jury trial. In most instances, the individual agrees to enter a guilty or no contest plea in exchange for a reduced sentence or a dismissal of certain charges.
A plea agreement may be reached at various times throughout the criminal proceedings. Plea negotiations may take place before a person is formally charged or after felony charges are filed. A plea deal may even be presented after a trial begins—if the verdict has not been returned.
Choosing to accept a plea bargain is a serious decision. Most plea agreements require you to sign a waiver stating that you will not try to later withdraw the plea. While there may be some limited exceptions to this, once you enter a plea, you should view it as final.
How Colorado Laws Govern Plea Deals
The Colorado Rules of Criminal Procedures outline the requirements for guilty pleas, nolo contendere, and plea agreements. Any pleas or plea deals must be made voluntarily.
Furthermore, the law requires that an individual understand:
- The nature of the charges
- The elements of the offense
- The factual basis for the plea
- The consequences of his or her plea
- By making a plea, he or she waives the right to a jury trial on all issues
- The possible penalties involved in the plea agreement
The district attorney and your defense counsel will work out the terms of the plea deal. However, the judge will make the final decision on whether to grant the plea bargain.
Plea deals in Colorado tend to bring a lot of questions. It is advisable to consult an experienced full-service criminal defense law firm to ensure you make informed decisions that are right for you.
Types of Plea Bargains Offered
Plea bargains are commonly used in felony cases in an effort to avoid a lengthy and expensive criminal trial. Plea deals also protect individuals from the fate of a sometimes unpredictable jury verdict. Various deals may be offered depending on the nature of the crimes and other factors.
Charge bargain
Charge bargaining is an agreement in which a person pleads guilty to a lesser offense in return for a larger charge being dropped. For instance, a felony charge may be reduced to a misdemeanor, such as reducing a drug trafficking charge to a drug possession charge. By reducing the charge in plea negotiations, the accused may avoid mandatory minimum sentencing for certain types of convictions.
Sentence bargain
Sentence bargaining is when you agree to plead guilty in return for a lighter or reduced sentence. In low-level cases, a sentence bargain could potentially mean a fine with no jail time. For more serious cases, sentence bargaining might reduce prison time or allow for probation.
Bargain for a deferred sentence
A bargain for a deferred sentence is a plea deal where an individual pleads guilty or no contest to criminal charges, but the conviction does not come into force immediately. Essentially, the sentence is postponed for a specific period, contingent on meeting certain conditions.
Conditions for a deferred sentence often include completing probation, alcohol and drug treatment programs, community service, and not committing any crimes for a length of time. If you successfully complete all of the terms of your deferred sentence, the conviction may be dismissed and your case withdrawn.
Bargain in exchange for cooperation
A bargain for a reduced or more lenient sentence could be offered in exchange for information. Under some circumstances, the District Attorney could offer you a plea deal for agreeing to cooperate with investigators or authorities.
Diversion programs
In Colorado, pre-trial adult diversion programs are frequently used to hold a person accountable for his or her actions and for repairing harm to victims of crime. These programs provide a path out of the traditional criminal court process of plea, trial, conviction, and sentencing.
Participants in diversion programs sign an agreement that lists what they must do for the criminal charges to be dismissed. Diversion may require participation in drug or alcohol treatment, mental health, anger management, domestic violence, and other recovery programs.
If an individual fails to comply with the diversion agreements, prosecutors may pursue the charges against them.
Potential Advantages to Accepting a Plea Bargain
Depending on the circumstances of your case, there can be far-reaching advantages to accepting a plea bargain when faced with a criminal conviction.
The upsides of taking a plea deal may include such things as:
- Avoiding the cost and uncertainty of a jury trial
- Avoiding jail time—particularly in misdemeanor cases
- Reduced prison time
- Having a fixed sentence
- Avoiding the requirement to register as a sex offender
- Not being classified as a sex offender, child abuser, or drug offender
- Reduced criminal fines
- More lenient terms of probation
- Receiving help and treatment rather than jail time
- Avoiding the collateral consequences of a felony conviction—such as losing your gun rights
A plea bargain can provide you with more certainty and control over your situation. By accepting a plea deal, you know the outcome of your case in advance.
An experienced attorney can help negotiate an acceptable plea agreement with your best interests in mind. Contact Wolf Law LLC for a full discussion of your case.
Possible Downsides to Accepting a Plea Deal
When you accept a plea deal, you waive certain constitutional rights—including the right to a jury trial, the right to confront accusers, and the right against self-incrimination. Furthermore, accepting a plea bargain means admitting guilt in your case.
A criminal record can have lasting consequences, such as:
- Immigration consequences
- Employment consequences
- Housing consequences
- Difficulties with educational funding
- Suspension or revocation of driving privileges
- Loss of voting rights
- Restrictions on owning a firearm
- Social stigmas
- Other negative consequences
Plea bargains also typically impose restrictive conditions. These may include, but are not limited to:
- Regular meetings with your probation officer
- Risk assessment and counseling at your own expense
- Victim restitution
- Testifying against another party to the crime
- A protective order that restricts your freedom
- Regular drug testing
- Enhanced penalties for any subsequent offenses
It is critical to carefully weigh the restrictions and potential collateral consequences against the perceived benefits of a plea bargain. Failing to do so can complicate your situation, ending in bitter regrets.
Factors That May Impact Your Plea Bargain
Once a plea bargain has been negotiated between the prosecutor and your defense attorney, the prosecutor presents it to the judge with the recommendation that the court accept it.
The judge will consider a number of factors before agreeing to the plea deal, such as:
- Your criminal history
- Recommendations in the pre-sentencing investigation report
- Recommendations made by counselors and treatment providers
- Statements by family members, friends, and victims of the offense
- The nature of the crime
In the event the court rejects your plea agreement, the prosecutor and your criminal defense lawyer can work to re-negotiate a new deal. Get the team at Wolf Law LLC involved to give your case the best chances.
The Importance of Seasoned Legal Representation in the Plea Bargain Negotiation Process
If you have been charged with a crime in Colorado, your freedom and future may be on the line. Having a well-practiced defense attorney behind you is a key factor in successful plea negotiations.
Logistically speaking, prosecutors simply cannot take every case to trial. Thus, in all probability, you will be presented with a plea bargain at some point in the legal process. A lawyer who routinely negotiates on behalf of clients will be in the best position to fight for your legal rights and evaluate the plea offer.
A good criminal defense attorney can help you in these important ways:
- Understanding your legal options: Your attorney will clearly explain all your options, including the possibility of going to trial. This will help you make an informed decision for your personal situation.
- Analyzing the evidence: Your lawyer will carefully review all the evidence to identify strengths and weaknesses in the prosecutor’s case.
- Developing a negotiation strategy: Based on the case evaluation, your lawyer will develop a negotiation strategy, aiming to minimize charges and other penalties.
- Identifying legal issues: By looking for potential violations of your constitutional rights and other legal issues, your lawyer can work to leverage a better plea deal.
- Highlighting mitigating factors: Your lawyer will present your personal circumstances, such as a clean criminal record, to argue for a more lenient or reduced charge.
- Protecting against unfair terms: Your attorney will ensure the plea bargain doesn’t contain any surprises and that the prosecutor’s promises are honored.
In essence, your defense lawyer will advocate on your behalf throughout the plea bargaining process, striving to achieve the best possible outcome for your criminal case. Get in touch with Wolf Law LLC to learn about our process in optimizing plea bargains.
Reach Out to Experienced Colorado Criminal Defense Attorneys for Assistance
The prospect of a criminal conviction can be incredibly overwhelming. Under such difficult circumstances, you may find it difficult to weigh your legal options and make sound decisions. This is not the time to go it alone.
The compassionate and knowledgeable criminal defense lawyers at Wolf Law LLC stand ready to help. We pride ourselves on offering reliable legal guidance and aggressive representation across vast areas of criminal law. Our legal team well knows the criminal justice system and its use of plea bargains in resolving all manner of cases. We can work with you to understand your plea offer and pursue fair treatment under the law.
Please don’t hesitate to get the assistance you need. Call Wolf Law LLC at 720.479.8574 or fill out our online contact form to schedule a free initial consultation. No matter what stage of the criminal process you’re at, we are here to answer your questions and provide solutions.
