Plea bargains are a vital part of any criminal case in Fort Collins and Larimer County. Whether a defendant chooses to accept a plea bargain or not, it is a criminal defense attorney’s job to discuss a possible settlement of a case with the assigned district attorney. Usually this settlement includes pleading to a lesser charge or stipulating to certain terms that make the penalties more palatable than if the defendant went to trial and lost or plead guilty to the original charges. For some cases, a plea bargain is the best option and, in some situations, it’s not.
Take the Deal! When You Should Take a Plea Bargain in Your Loveland or Estes Park Case
Your attorney will likely advise you to take a plea bargain if the evidence against you is solid. Meaning, if you took the case to trial, you would very likely lose. Let’s look at some possible scenarios where we would advise our client to take the plea deal:
- You made statements to law enforcement admitting guilt;
- There are multiple witnesses who will testify that you committed the offense;
- There are audio recordings (voicemails/phone calls) or written admissions (text/email) where you admit wrongdoing;
- There is photographic or video evidence of you committing the crime; and/or
- Your criminal history shows similar allegations or previous convictions.
Any of the above listed reasons would make it very difficult to convince a jury that you were innocent and should be found not guilty at trial. There are some situations, though, where even if there isn’t clear and convincing evidence against you, you may consider taking a plea bargain:
- The potential sentence if you lose at trial would include serving time in the Larimer County Jail or Colorado Department of Corrections (prison) and the plea deal specifically will keep you from being incarcerated; or
- You are offered a deferred judgment (temporary conviction) that will guarantee a dismissal if you complete all the terms of the plea bargain.
Reject the Deal! When You Should NOT Take a Plea Bargain in Fort Collins Criminal Court
It’s important that you understand ALL the requirements and implications of a plea bargain before you accept it. If a plea bargain will result in a permanent conviction on your record, you need to consider many things carefully before accepting. Here are some situations where we would advise a client not to accept a plea deal:
- You have a witness on your side, who was present at the time of the alleged offense and can dispute the testimony of those accusing you;
- You have a chance at winning at trial and accepting any plea deal would have a catastrophic effect on your life (i.e. you lose custody of your children or you lose your career);
- The plea bargain is basically the same level of punishment you would receive if you were found guilty at trial;
- You have photographic or video evidence that you did NOT commit the crime; and/or
- You have a great chance of winning at trial.
What Happens When You Accept a Plea Bargain in Your Larimer County Case?
If after reviewing all the evidence against you and discussing your case with your attorney, you feel your best option is to accept the plea bargain, your attorney will let the district attorney know and request plea paperwork. Your attorney will review the paperwork with you, making sure you understand all the consequences of the plea – breaking down the elements of the sentence. The paperwork is submitted to the court and the judge will allow you to plead guilty to the agreed upon charge and decide whether or not to accept this agreement. It’s very important that you pay attention to what your attorney is advising you on, because you need to know ALL the implications of taking a plea.
If you or someone you love has been charged with a crime in Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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