What You Need To Know About Plea Bargains In Colorado

It goes without saying that you never want to find yourself in trouble with the law. However, should that happen, it’s critical that you have a clear understanding of the legal system and the options available to you. Early in the criminal court process, your attorney may discuss the option of a plea bargain with you. It’s not something you have to accept, but it may be in your best interest. Our Denver criminal defense lawyer explains how a plea bargain works, along with the pros and cons of accepting a plea bargain in Colorado.

What is a plea bargain in Colorado?

Here’s how a plea bargain is defined by the Cornell Law School Legal Information Institute:

“Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.”

A plea bargain offers benefits to both the defendant and the prosecution.

From your perspective as a defendant, you plead guilty to some or all of the charges in exchange for lesser consequences. This is often better than the alternative of going to trial with hopes that you avoid punishment completely. 

Conversely, prosecutors are able to move on from your case, thus allowing them to focus resources on other cases, while also reducing the workload on trial judges.

As long as the plea bargain is fair, it’s a win-win for both parties. Your Denver criminal defense lawyer can help you determine if you have a fair plea bargain on the table or if you need to negotiate for a better deal.

How does a plea bargain work?

This varies from one case to the next, but here’s an example of how a plea bargain is made:

1. The prosecuting attorney contacts your criminal defense attorney to discuss the details of the plea, such as pleading guilty to a less serious charge. 
2. With the guidance of your criminal defense attorney, you agree to plead guilty to specified charges. 
3. You receive less severe punishment, such as probation instead of jail time, based on the terms and conditions of the plea bargain. 

Your defense attorney can negotiate a plea bargain on your behalf with the idea of minimizing the impact that a serious criminal conviction can have on your life. You’re under no obligation to accept the first offer from the prosecution so if you’re unsure of the deal, speak with an experienced Denver criminal defense attorney.

What are the different types of plea bargains in Colorado?

There are three distinct types of plea bargains that you may encounter in a Colorado criminal case:

1. Charge bargaining: this is the most common form of plea bargain, with the defendant agreeing to plead guilty to a lesser charge under the understanding that the more severe charges will be dismissed. 
2. Sentence bargaining: it’s not as common as charge bargaining, but still a possibility. This allows the defendant to plead guilty to the charges as-is in exchange for a less severe sentence.
3. Fact bargaining: this is rare, but it can occur when a defendant agrees for certain facts to be presented to the court, while other facts are prevented from being presented as evidence. 

Can you negotiate a plea bargain?

The simple answer is yes, but there’s more to it than that. Negotiating a plea bargain is challenging on many fronts, especially if you attempt to do so on your own.

If you have plans to consider a plea bargain, here’s what you should do:

• Consult with an experienced Denver criminal defense attorney: not only do they know the ins and outs of Colorado criminal courts, but they may have an existing relationship with the prosecutor. This can work in your favor. 
• Understand the current charges and potential consequences: until you understand these details, you won’t be able to determine if a plea bargain is something to consider or if you have a fair deal on the table. There are times when it makes more sense for a case to move to trial. Your defense attorney can help you determine which is the best strategy for your position.
• Know your legal rights: again, you don’t have to accept a plea bargain. The prosecutor and/or court cannot force you to do so. But it’s an option to carefully consider, as it’ll impact your case and future.

The pros and cons of accepting a plea bargain in Colorado

As you consider whether to accept a plea bargain, keep in mind that there are both pros and cons to accepting one. Let’s start with the benefits:

• Reduced charge.
• Lighter sentence.
• The ability to bring an end to your case in a more timely manner.
• Less stress, since you won’t spend any more time in court.

Now, here are some of the primary disadvantages:

• You have to plead guilty. 
• There’s no option for the result of “not guilty”.
• You may feel pressure from the prosecution to accept a plea bargain that’s not in your best interest.
• If you plead guilty, there’s a chance that it’ll remain on your criminal record indefinitely.

Before you plead guilty, discuss your options with a Denver criminal defense attorney

There’s much to consider before accepting or rejecting a plea bargain but don’t try to decide on your own. An experienced Denver criminal defense attorney can explain what option makes the most sense for your situation. At the Law Offices of Steven J. Pisani, LLC we have the experience and knowledge you need to help you decide if a plea bargain is in your best interest. Contact us online or give us a call today to schedule a consultation and discuss your options.