Movies and TV shows give the false impression that most criminal trials result in a dramatic pronouncement of guilt or innocence. In reality, the vast majority of criminal cases end well before lawyers stand opposite a jury and start arguing their side of the case. Many of these cases terminate with plea bargains, which are also known as plea deals or plea agreements.
Accepting a plea bargain means admitting guilt or pleading “no contest” for a particular crime in court in exchange for some other benefit. This could be a reduced sentence, conviction of a lesser charge than what you were initially charged with, or other things that have been agreed upon by you and the prosecutor during negotiations. In some cases, it can make sense to enter into these agreements, while in others, it is a very bad idea. Since each case is different, you will need to talk to an attorney to figure out if entering into a plea agreement makes sense for you.
To get a totally confidential analysis of your case from our team of Utah criminal defense lawyers, contact Overson & Bugden at (801) 758-2287.
What Are Plea Bargains in Utah?
When most people think of a criminal case, they imagine jurors debating whether proof beyond a reasonable doubt exists against the defendant. However, many cases are resolved in a very different way: through plea bargaining.
Plea bargaining speeds through the legal process in a way that, ideally, is beneficial to both parties. Put simply, a plea bargain is a deal between the defense and the prosecution.
The defendant agrees to plead guilty to a lesser charge, plead guilty to just some of the charges if multiple offenses have been alleged, or agree to some other term or stipulation with the prosecutor – like agreeing that a certain fact is true. In return, the prosecutor agrees to seek a lighter, more lenient sentence.
It is very important to have a good understanding of how plea bargains work before entering into one. When you enter into a plea bargain, you are waiving your right to a fair trial guaranteed under the United States Constitution. So, entering into a plea bargain is a very serious decision that requires careful consideration. Our attorneys can advise you as to whether it is a good idea to enter into a plea bargain in your particular situation.
Why Do Defendants Use Plea Bargains?
When used properly, plea deals can let defendants facing serious charges lessen their prison time and other consequences. A plea bargain eliminates the need for a trial, provides the opportunity for a reduced sentence, and is much more predictable than going to court.
Efficiency
Negotiating and accepting a plea bargain means avoiding a trial for criminal charges. Rather than awaiting trial for weeks or months, you can enter your plea, resolve the matter, and start moving forward with your life.
Reduced Sentence
Plea bargains also present the opportunity for a reduced sentence. By forgoing a trial, the prosecution typically agrees to either lesser charges or lesser prison sentences. While the prosecution cannot promise a specific sentence since the judge imposes the sentence, they may reduce the charges against you to minimize the consequences.
Predictability
Trials are far less predictable than plea bargains. While judges do not have to honor the compromises that prosecutors make in a plea, they often do. Plea bargains let defendants and their families avoid the stress and uncertainty of a trial.
What Are the Drawbacks of Accepting a Plea Bargain in Utah?
Of course, there are also drawbacks to accepting a plea bargain in Utah. The most obvious one is that the defendant will now have a criminal record, which may not have been the case if we had taken the charges to trial and cleared their name.
Plea negotiations also present a big risk of coercion. Defendants who have not committed any offenses at all might be intimidated by prosecutors and accept a plea, hoping it helps them avoid major consequences. The prosecutor isn’t on your side, and the initial plea bargain they offer you is not for your benefit.
When Do Plea Bargains Happen?
Before a plea bargain happens, you have to enter your initial plea and tell the court your response to the charges. You can enter a plea of “not guilty,” “guilty,” or “no contest.”
Entering a “not guilty” plea means that you deny the allegations against you and are asserting your right to a fair trial.
A guilty plea is exactly what it says on the tin: you admit that you are guilty of the charges against you.
A plea of no contest falls somewhere in the middle; you do not admit guilt, but you also do not refute the charges against you. In practice, guilty pleas and pleas of no contest are treated somewhat similarly.
For a plea bargain, you will ultimately need to enter a plea of guilty or no contest. However, your initial plea should almost always be “not guilty,” as you can always change it later after negotiating a plea deal.
Should I Negotiate a Plea Deal in Utah?
After you enter a plea of “not guilty,” our Utah criminal defense lawyers will begin negotiating with the prosecutor about your case. This does not mean that we are working with them. It is very common for attorneys on opposite sides of the case to talk to each other to advocate for their client. If the prosecutor offers a plea deal, we can examine it and advise you on the best course of action.
If the Prosecution Has Strong Evidence
Suppose you are charged with a very serious crime for which the prosecutor has shaky evidence, but their evidence very strongly supports a conviction for a less serious crime. Negotiating a plea for the lesser charges may be worth it, as this gives us more control over the potential consequences you face.
Now, suppose that the prosecutor offers you a deal where you plead guilty to an even less serious crime, but if you do not accept, you will go to trial for the more serious crime, where there is strong evidence against you. In that case, it may also be advisable to accept the plea deal in order to avoid being convicted of a serious crime.
If Our Lawyers Have Exculpatory Evidence
On the other hand, suppose you are being charged with a serious crime, but our Utah criminal defense lawyers have strong evidence supporting your innocence, called “exculpatory evidence.” If the prosecutor offers you a plea deal, you probably should not accept it.
The odds are more likely than not that the prosecutor will alter or drop the charges against you based on that new evidence. Even if that does not happen, there is still a solid chance you will be proven not guilty at trial, so in that type of situation, it would be better not to accept a plea deal.
What Happens After a Plea Bargain is Accepted?
Even if you accept a plea deal, you are not always locked into it. Under Utah Code § 77-13-16(2), you are able to withdraw from a guilty plea or plea of no contest in a motion made before you are sentenced, provided you meet certain criteria.
For the court to let you withdraw a guilty plea, we must prove that you did not knowingly or willingly enter that plea. Since circumstances would have changed, you may be compelled to withdraw your plea.
Note, however, that this can have some consequences for your case. The prosecutor who offered the deal may be hesitant to offer one in the future, and they may pursue charges against you more aggressively. Therefore, changing how you plead is a serious decision that should only be made with the help of legal counsel like our experienced lawyers.
How Common Are Plea Deals in Utah?
Plea bargains are extremely common in all types of criminal cases. In fact, it’s rare for a case not to be resolved prior to trial through plea bargaining or other means.
According to some studies and reports, nearly 98% of criminal matters nationwide are resolved through guilty pleas instead of going to trial, being dropped, or having some other outcome.
While plea deals usually take place in a private negotiation setting, prosecutors do not have free rein to grant plea deals as they see fit. On the contrary, most agreements must be approved by the court presiding over the case.
The prosecutor cannot guarantee the judge will honor their promise for lesser prison sentences, as judges may still impose the maximum sentence for the charge you plead guilty to.
What Are the Different Types of Plea Bargains in Utah?
Plea agreements are also not uniform across all criminal cases. Deals are specific to each defendant, so a deal for one defendant may not make sense for another. There are three distinct types of plea deals: fact bargaining, sentence bargaining, and charge bargaining.
Fact Bargaining
During fact bargaining, the defendant agrees to stipulate to (officially acknowledge) some facts, so that other facts will not be raised as evidence. Courts generally disfavor fact bargaining, since such an agreement may stipulate that the defendant was on location for a particular crime.
Fact bargaining is most often tied to trials, where the prosecutor is still trying to prove the defendant’s guilt. Therefore, although this is a type of plea bargain, it may not always require a guilty plea.
Sentence Bargaining
In sentence bargaining, the defendant agrees to plead guilty to the charges but receives a lighter sentence than the standard penalty. An example of when this may happen is a defendant pleading guilty to negligent homicide to avoid being charged with murder. Sentence bargaining is not permitted in certain jurisdictions, so you should talk with our attorneys to see whether it is permitted in your particular court.
Charge Bargaining
In charge bargaining, the defendant agrees to plead guilty to a lesser charge on the condition that the more serious charges will be dismissed. For instance, a defendant might plead guilty to simple assault instead of aggravated assault or manslaughter instead of murder.
What Is a Plea in Abeyance in Utah?
There is another distinct kind of plea bargain called a “plea in abeyance.” Under § 77-2a-1(3), a plea in abeyance is a guilty or no contest plea that you enter, but the court holds off on making it official until you complete certain terms laid out in the agreement.
If you complete them successfully, the guilty plea is thrown out and not put on your record as a conviction. If you fail to complete the terms, the plea is entered, and you are convicted and sentenced as if you lost at trial. The idea is to allow for first-time or low-level offenders who are unlikely to re-offend to be rehabilitated and reintegrated into society without the burden of a criminal conviction.
Pleas in abeyance are attractive for many defendants who want to get their lives on track. However, some crimes do not allow for pleas in abeyance to be offered. For example, under § 77-2a-3(8), pleas in abeyance are not available for sex crimes against victims younger than 14 years old or for various offenses related to driving under the influence.
Judges have to agree to a plea in abeyance for it to be valid, and they make this determination on a case-by-case basis. Our Utah criminal defense attorneys can work to help show the court that a plea in abeyance makes sense in your claim if you want to pursue one.
Can a Case Be Reopened After a Plea Bargain?
Suppose you are coerced into accepting a plea bargain for a crime you did not commit, and the court accepts the plea. Can your case be reopened, or is there nothing you can do to clear your name?
You may be able to seek what’s known as “post-conviction relief” in very specific circumstances in Utah. These are also known as “collateral attacks,” in contrast to the “direct appeals” you file after a conviction. Even if you pled guilty and accepted a deal, our lawyers may motion to vacate or modify the conviction on any of the following grounds:
- Your rights were violated to obtain the conviction
- You previously had ineffective assistance of counsel
- New exculpatory evidence has been found
You may also seek post-conviction relief for a plea agreement or changes made without your consent.
You only have one year from the last action in your criminal case to seek post-conviction relief. However, the statute of limitations does get paused for physical or mental incapacity, as well as for claims arising from fraud, coercion, or force.
Post-conviction relief may get you a new trial, reduced sentence, or even erasure of the charges, so let our lawyers see if this is a possibility for you, even if you pled guilty to a criminal offense in Utah.
Collateral attacks and post-conviction relief are not available if you waived your rights to them as part of your plea agreement. Most plea agreements include a waiver of your appeal rights, which may remove your right to collateral/post-conviction appeals, too.
Do I Need a Lawyer for a Plea Bargain in Utah?
Any defendant considering accepting a plea bargain should have an experienced lawyer in their corner. Accepting a plea without carefully and fully understanding the consequences is never a good idea, especially if your freedom is on the line.
Prosecutors might act as though a plea deal benefits you and that they are doing you a favor by offering it. In reality, they are trying to get a conviction without having to spend time and resources on a trial. While we may entertain plea bargain negotiations depending on the case, we will not automatically accept the first offer if it doesn’t benefit you in any way.
Not only do you need a lawyer to negotiate a plea bargain, but you also need an attorney to explain exactly what the plea means for your future. There may be terms in the agreement that block your right to appeals, but these can potentially be negotiated away. This could allow you to plead guilty, waive your right to certain appeals, but still preserve your right to challenge unfair sentences the judge might hand down after your guilty plea.
Call Our Utah Criminal Defense Lawyers and Discuss Your Case Today
To set up a free, confidential case evaluation, call our Utah criminal defense lawyers of Overson & Bugden at (801) 758-2287 today
