Sexual Assault can be charged in Fort Collins and Larimer County for many different scenarios. One of those scenarios is having inappropriate contact during a medical treatment or examination. That’s exactly what an acupuncturist was accused of recently in Larimer County. However, the allegations must be hard to prove, because the DA ended up offering a plea to Unauthorized Practice of Medicine, a class 2 misdemeanor. After hearing from a few of the alleged victims, though, the judge rejected the plea. While not super common, it definitely can happen.
Plea Agreements in Criminal Cases Larimer County: Plea Agreement Process
If your case is not one where trial is a good option, our attorneys work hard to get the best plea agreement in place. Getting the deal does not mean that everything is set in stone, though. There is still the hurdle of presenting the deal / sentence to the judge and getting him or her to sign off on it. Arguments are presented on both sides – the DA argues why this deal is appropriate and then the defense presents their side of the case, their client, and why the deal is appropriate. However, sometimes the judge doesn’t care and makes a decision that starts the process all over again. That’s right, if the judge rejects the deal, then your attorney and the DA have to try and come up with a new plea agreement that will satisfy the judge.
Three Common Reasons Why a Judge Would Deny a Plea Agreement in Loveland and Estes Park
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Information gathered during the PSI (Pre-Sentence Investigation) shows the defendant to not take responsibility
In more serious cases, after pleading guilty, the defendant will have to meet with a probation officer, fill out paperwork and do an interview to be included in a PSI (Pre-Sentence Investigation). This information is made available to the judge, DA, and defense before sentencing. Judges HATE when defendants deny or don’t take responsibility for the crime they are accused of or pleading to. If in the PSI, the officer reports that the defendant blames others, doesn’t take responsibility, or completely denies the accusations, sometimes this will make the judge decide to reject the plea agreement.
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The victims adamantly proclaim their displeasure with the plea agreement
Much like in the case above, judges are very worried about public scrutiny. When the victim or victims in a case stand up and make statements about how unhappy they are with the plea agreement and don’t agree with this decision, judges panic that they will be seen as not sympathetic to victims or easy on crime.
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The judge just simply doesn’t think the punishment fits with the case
We have seen this go in both directions. Sometimes, the DA is just completely unwilling to budge on an offer, but going to trial is not an option. When the judge is presented with the defense’s information, it is sometimes enough for them to see the issue and deny the agreement, stating that something needs to change in our favor. Conversely, sometimes judges simply think that each and every case in front of them is the worse case they have ever seen and when the DA offers something that isn’t harsh enough, the judge will deny the agreement.
If you or someone you love has been charged with Sexual Assault or another crime, 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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