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. Plea bargains can sometimes be considered controversial, and many individuals have strong arguments for and against their use. All that being said, it is important to understand plea bargains and how they work in Utah so that, if you are facing criminal charges, you understand this option that is available to you.
A plea bargain entails 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 Law at (801) 758-2287.
How Does a Plea Bargain Work 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, most cases are resolved in a very different way: through plea bargaining. Plea bargaining essentially 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 needs a lot of careful thought put into it. Our attorneys can advise you as to whether it is a good idea to enter into a plea bargain in your particular situation.
Entering Your Initial Plea
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.” 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 of no contest. However, your initial plea should almost always be “not guilty,” as you can always change it later after negotiating a plea deal.
Negotiating with the Prosecutor
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.
For example, suppose you are charged with a very serious crime for which the prosecutor has shaky evidence. However, their evidence very strongly supports a conviction for a less serious crime. 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 be advisable to accept the plea deal in order to avoid being convicted of a serious crime.
On the other hand, suppose you are being charged with a serious crime, but our lawyers have strong evidence supporting your innocence. If the prosecutor offers you a plea deal, you probably should not accept it because 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.
After the Deal is Accepted
Even if a plea deal is accepted, 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 that you did not knowingly or willingly enter that plea and have the court’s permission. 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.
Are There Different Types of Plea Bargains 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, 90% of criminal matters are resolved through plea bargains 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.
Plea agreements are also not uniform across all criminal cases. This is because 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
In fact bargaining, the defendant agrees to stipulate to (officially acknowledge) some facts, so that other facts will not be raised as evidence. Fact bargaining is generally disfavored by courts. For example, 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 normal. 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.
Pleas in Abeyance in Utah
There is another distinct kind of plea bargain called a “plea in abeyance.” Under Utah Code § 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 Utah Code § 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.
Courts have to agree to a plea in abeyance, 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.
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 with Overson Law at (801) 758-2287 today.
