Should I Take a Plea Bargain?

If you are facing criminal charges in Colorado, you’ll likely encounter a plea bargain offer by the prosecutor at some point during the legal proceedings in your case. It’s essential to understand how a plea bargain works and how it applies in your case.

Before deciding whether to accept a plea bargain, a Colorado defendant should have a careful conversation with their defense lawyer to fully understand and consider the repercussions of their decision.

What Is a Plea Bargain?

A plea bargain is a deal offered to a criminal defendant by the prosecutor. Most plea bargains require the defendant to plead guilty to a lesser charge or to only one of multiple charges in return for a reduced or more lenient sentence. When a defendant accepts a plea bargain, it’s a legally binding contract.

The goal of a plea bargain is to more efficiently use the court’s time by resolving a case through a legal agreement rather than the court process required when a defendant pleads not guilty to all charges and the prosecutor must prove their case beyond a reasonable doubt.

A plea bargain offers something to gain for all involved parties. For instance, it typically reduces or eliminates the defendant’s incarceration time and fines, saves time and money for the prosecution, and frees the court’s docket for other cases by eliminating the need for a trial.

When Are Plea Bargains Offered?

Depending on the circumstances of the case, the prosecution could offer a defendant a plea bargain at any time. In some cases, the prosecution offers a plea bargain before a defendant is officially charged. After they’ve brought charges, the prosecutor can decide to offer a plea bargain at any time, including during the pretrial negotiation period or during the trial.

Although the prosecution typically offers a plea bargain to conserve the resources required for a full trial, they may also offer a plea bargain in response to circumstances that arise during the trial, such as to avoid losing their case entirely. Less commonly, a plea bargain may be offered after a conviction if the defendant files an appeal.

A criminal defense attorney will advise you of the pros and cons of accepting a plea bargain at any point in the criminal defense process, so you can decide if accepting the plea bargain is your best option.

What Are the Advantages and Disadvantages of Taking a Plea Bargain?

When evaluating the merits of accepting a plea bargain, it’s crucial to discuss all pros and cons associated with the unique circumstances of your case, but in general, it’s important to know the basic pros and cons of taking a plea bargain.

The Potential Pros of Taking a Plea Bargain

Accepting a plea deal may be the right choice for you in circumstances such as the following:

• If the prosecution has strong evidence against you, such as incontrovertible video evidence from surveillance footage, physical or DNA evidence, or multiple eyewitnesses
• If accepting a plea bargain means you won’t face incarceration
• If accepting a plea bargain is a better outcome than the worst possible consequences of a conviction at trial

If your attorney believes that the plea bargain is a good one and the results of the plea bargain are preferable to the likely outcome of a trial, it’s wise to carefully consider accepting the plea deal. 

The Potential Cons of Plea Bargains

Most plea bargains require a defendant to plead guilty, at least to a lesser charge. If you are not guilty of the crime you’re charged with, you should consider declining the plea bargain if your attorney thinks you have a reasonable chance of a not-guilty verdict at trial.

The cons of accepting a plea bargain include the following:

• If pleading guilty will have long-term negative emotional consequences, as well as the legal consequences of the plea bargain, for instance, if you are innocent of the crime you’ve been charged with
• If your attorney believes you’ve not been offered a good or fair deal
• If your attorney thinks that waiting will prompt a better plea bargain offer later
• If your attorney believes that the prosecution’s evidence is weak, they may advise against accepting the plea deal and will instead strategize a strong defense

Deciding whether or not you should accept or reject a plea bargain requires careful consideration with the counsel of your lawyer. It’s always inadvisable to accept a first plea deal without the advice of legal counsel.