Criminal cases in Weld, Morgan, and Logan County can take one of two paths: 1) trial or 2) accept plea bargains. In the trial scenario, the outcome is never guaranteed and sometimes, even innocent defendants do not want to take the risk of being wrongly convicted. An experienced criminal defense attorney will be able to look at the evidence, along with the credibility of any victims or witnesses, to determine if going to trial is a good option. While we are aggressive trial lawyers who never give up, sometimes a plea bargain may be the best option. It might be hard to imagine pleading guilty to a crime you did not commit, but sometimes it is the ‘least bad’ choice a defendant has.
Plea bargain conversations happen behind the scenes between a defendant’s lawyer and a district attorney. In many cases, the bargaining process takes more than one exchange. Usually there is a lot of back and forth to tweak a deal both sides can live with. All the terms of the plea will be discussed. The best criminal defense lawyers argue for a fair plea bargain and fight tirelessly to get their clients a reasonable sentence option from the district attorney.
Why Take a Plea Bargain?
Plea bargains are beneficial for both the courts and the accused. County courts would never be able to handle the volume of criminal case trials if every case went all the way to trial, because they are time consuming. On the other hand, if a defendant had to take their case to trial and lost, they could end up with a much harsher sentence. There are benefits for both sides, when a plea bargain is reached.
Sometimes, the accused is set on taking their case to trial because they know they are innocent, and pleading guilty just doesn’t seem fair. While we sympathize, and understand the desire to fight the injustice, it is never a good idea to take a case to trial if a loss is certain. Trial convictions are generally harsher than the plea bargain the district attorney offers. In our experience, most people are looking to take a plea bargain, because they are good people who made a mistake and are just trying to minimize the consequences this mistake has on their life. In the end, if a person is innocent, we are never afraid to take the case to trial.
What are the Important Plea Bargain Terms and Conditions?
There are many possible terms and conditions involved in a plea bargain. A knowledgeable Weld County criminal defense attorney will question a district attorney on each applicable term and challenge any that are extreme or unfair. Some terms and conditions under discussion during plea bargaining are:
| Crime | · Will the defendant plead to the charged crime or a lesser charge? |
| Incarceration | · Where will the time be served – Weld County Jail, prison, or community corrections? · How long is the incarceration sentence? |
| Probation | · What type of probation – intensive, standard, or unsupervised? · How long is the probation period? |
| Monetary | · How much restitution, court costs and fines will be owed? |
| Location Monitoring | · Will the sentence include GPS monitoring, SCRAM unit alcohol monitoring, or in-home detention? · How long will the monitoring period be? |
| Alcohol and/or Drug Monitoring | · Will the sentence include mandatory UAs / Urine Analysis (pee tests) or BAs / Breath Analysis (breathalyzer tests)? |
| Counseling and/or Treatment | · Will sex offender treatment, domestic violence treatment, anger management, or making good choice class be required? |
| Protection / Restraining Orders | · Will any protection / restraining orders be entered? · Will contact with children be permitted? · Will they be permanent or temporary? · Will they include work restrictions? |
| Other Restrictions | · Are there any job restrictions for the defendant? · Will the defendant be able to have contact with children / minors? · Are there any places the defendant is prohibited from visiting or living? |
What are the Limitations for Plea Bargains?
When discussing a plea bargain, there are some restrictions a district attorney is under by law. For example, the law limits a DA’s ability to plead a sex crime to a non-sex plea or Domestic Violence to a non-DV plea. The same is true for alcohol related traffic offenses. The law has restricted district attorneys from offering a non-alcohol traffic plea. For some charges in Greeley, Johnstown, and Windsor, there are more options for plea deals. Some crimes, like those considered violent, require a sentence to the Department of Corrections. To try and avoid this type of incarceration, the best defense attorneys will arrange for their client to plead to a similar charge that does not carry this sentencing stipulation.
What Rights Do Victims Have in the Plea Bargain Process?
The Victim’s Right Act (VRA) requires a victim to be kept informed about a case. Because of this, district attorneys will present a potential plea bargain to the victim. While the victim does not have a say in whether the DA actually offers the deal, they can express their objections. The last thing a district attorney wants is for a victim to file a complaint. Because they worry about keeping their jobs, district attorneys will work to make victims happy, often to the detriment of the defendant or to fairness. The attorneys from the O’Malley Law Office have negotiated thousands of plea bargains and work tirelessly to get our clients the best possible outcome on their case.