Close

Utah Plea Bargains vs. Federal Plea Bargains

Plea bargains, deals, or agreements are a big part of the criminal justice system.  Most cases end in plea bargains or negotiated pleas, given that taking each and every case to trial would be a huge burden on the courts.  But how are plea agreements different in Utah versus in federal cases?

The process is quite similar in both: your lawyer can seek to negotiate a plea agreement with the prosecutors directly, an agreement is signed, any adjustments are made to your charges, you enter the guilty plea, and the judge sentences you for any remaining charges.  Often, local prosecutors have more tools at their disposal for diversionary agreements, while federal plea agreements still often mean jail time or probation.

Get a free case review by calling (801) 758-2287 to speak with Overson & Bugden’s Park City, UT criminal defense lawyers today.

Differences and Similarities in Plea Agreements in State and Federal Courts

Plea agreements are generally the same as far as how they work and why they are used.  However, the structure behind who arranges plea deals and the rules governing them are a bit different.

Reasons for Plea Agreements

Both the state and federal governments have the same reason for using plea agreements: they need to clear cases without going to trial.  If every case went to trial, courts would be backed up for years.

Plea agreements help the government by clearing cases faster, and they help defendants by often shortening sentences or reducing charges.

Enhanced Cooperation

Both state and federal prosecutors can also use plea agreements to get cooperation from defendants.  As part of a plea agreement, you might be asked to provide information on a criminal conspiracy or network.  Both systems can tap into this as needed to get help stopping other offenses or criminal rings.

Structure of Prosecutorial Decisions

In Utah, each county has its own District Attorney’s Office, and each DA hires deputy DAs and assistant DAs (ADAs) to prosecute crimes within their district.  In the federal system, the Department of Justice is organized into 93 U.S. Attorney’s offices for each U.S. District, each with a USA (U.S. Attorney) that works under the Attorney General and hires deputy and assistant USAs (AUSAs).

There are 29 counties in Utah, but Utah is itself one U.S. District, meaning a massive difference in populations.  In a local county, DAs and ADAs often get leeway to work with individuals and see that justice is done through plea agreements.  In the federal system, AUSAs typically have to answer to District-wide policies from their AUSA or DOJ-wide policies from the Attorney General.

These policies give less flexibility and authority to enter into plea agreements and may block more agreements at the federal level.

Practical Considerations

The federal government typically does not handle low-level offenses, leaving them to the states.  That means only more serious cases go to federal charges, and AUSAs are often less willing to offer plea agreements for serious cases.

Practically speaking, if your case is in federal court, you might be looking at a trial with no chance to even enter into a plea agreement, while state charges have a higher chance of being the kind of cases that do go to plea agreements.

Maximums and Minimums

Prosecutors can only recommend sentences to the judge as part of an agreement or remove higher-level offenses to reduce the possible sentence.  They cannot actually promise a particular sentence; the judge is the only one who can make the final decision.

If state and federal charges for the same offense have different minimum sentences, nothing a prosecutor does can change that.  This means a plea agreement might not be as powerful in a federal case if the federal charge has a higher mandatory minimum than the state version of the charge.

Can You Sign Plea Deals in Both State and Federal Court?

Many cases involve charges in both state and federal court at the same time.  This could mean a few different situations:

  • Charges for both state and federal crimes for the same exact conduct
  • Some charges for state conduct, plus an additional federal charge because the crime crossed state lines
  • Charges for some things that are illegal under one system, but not under the other.

Is it Legal to Be Charged in Both State and Federal Court?

Yes.  The “separate sovereigns” exception allows both a state and the federal government to charge you for the same crime without violating the Double Jeopardy Clause of the 5th Amendment.  The logic here is that they are not the same government charging you, and they each have the power to charge you one time.

Can I Get a Plea Agreement in Both Cases?

If you are facing both state and federal charges, it is possible to negotiate a plea deal in both cases.  Both the state and federal courts, prosecutors, and law enforcement officers want to see their cases closed and handled, and both may offer a plea agreement.

However, either office might have stricter rules against pleas in your particular case and may be unwilling to offer an agreement.

Diversionary Programs

Along with the greater leeway that local prosecutors have over federal prosecutors, there may be more opportunities for diversionary programs in state cases.  Because federal cases often involve more serious charges, and these programs are more for first-time or low-level offenders, they just aren’t usually available in federal cases.

In state cases, you may be able to enter into treatment programs for drug use, alcohol use, anger management, etc., and, upon successful completion, get your charges dropped.  Community service is also usually involved.  Some of these are formal programs administered at the county level, while some are informal through local prosecutors.

FAQs for Criminal and Federal Plea Deals

If I Plead Guilty to Federal Charges, will They Drop the State Charges?

Often, federal charges will go to court first, and the state prosecutors might wait and see what happens.  In rare cases, state charges will go first.

In whichever case goes second, the prosecutors might take into account the fact that you have already been sentenced or will face some kind of punishment for what happened.  This means they might be willing to renegotiate and may plead your case down to lower charges or seek no further jail time.

Do I Need a Lawyer for a Plea Agreement?

Yes!  Never sign a plea agreement or plead guilty to a crime until you have a lawyer review the agreement and help ensure you understand the effects.

Call Our Utah Criminal Defense Lawyers Today

For your free case evaluation, call Overson & Bugden’s Salt Lake City, UT criminal defense attorneys at (801) 758-2287.