Question 1

When does a Colorado plea bargain occur?

Accepted Answer

Plea bargaining may occur before you are formally charged or after charges have been brought. It can even occur after a trial has started or at any time before the jury (or judge) returns a verdict. Sometimes a plea offer occurs right after an arrest, especially if you have no criminal history and the potential charges are not serious. Often, however, a plea offered right off the bat is a bad one. The prosecutor is simply taking advantage of how scared you are in the face of criminal charges. A plea bargain may be presented as a take it or leave it offer, especially if you do not yet have a lawyer. Though, in fact, it can usually be negotiated.

Question 2

How are Colorado plea bargains negotiated?

Accepted Answer

Either the prosecutor or your defense attorney can initiate a plea offer. In most Colorado criminal cases, this will be done by email and/or phone. If the charges are serious, however, plea negotiations may be conducted face-to-face. They may take place in the D.A.'s office or in the courthouse at any point before a verdict has been entered -- even while the jury is out deliberating. Your Colorado defense lawyer and/or the prosecutor will usually want to investigate the case before making a plea offer. This can include speaking to witnesses, watching surveillance video, obtaining the results of a drug screen or rape kit, and anything else that would tend to establish innocence or guilt. If the prosecutor's case is weak, your lawyer will make a presentation to the prosecutor to point out the holes and inaccuracies in the state's evidence. Often this will result in a plea offer.

Question 3

How long does a plea bargain take?

Accepted Answer

Sometimes a plea resolution can be reached in one phone call or email exchange. In other cases, negotiating a plea deal can take weeks or even months. Low-level misdemeanor cases are usually resolved more quickly than high-level felony cases. In serious cases, multiple plea bargains may be proposed and rejected as the case proceeds through “discovery” (fact-finding), pretrial motions and, possibly, trial.

Question 4

What are the advantages of a plea bargain?

Accepted Answer

Prosecutors and courts like plea bargains for numerous reasons, including: Plea bargains reduce their caseload; Plea bargains save taxpayers the expense of trials and possible appeals; and There is less risk of a “not guilty” verdict in borderline cases. Though plea bargains can often be advantageous for you as well. Advantages can include (but are not limited to): Avoiding the expense and uncertain outcome of a trial; Avoiding jail time (especially in misdemeanor cases); Reducing prison time or serving your sentence in jail instead of prison (with a felony plea bargain to a misdemeanor);

Question 5

What sentencing alternatives are available through a plea bargain?

Accepted Answer

Certain types of plea bargains can allow you to obtain treatment instead of going to jail. In some cases, you may qualify for special Colorado “problem solving” courts such as: Adult Drug Court; Juvenile Drug Court; DUI Court; Mental Health Court; Family and Dependency/Neglect Court; or Veterans' Treatment Court (VTC) -- also known as Veterans Trauma Court. Though even Colorado's general courts can approve a plea bargain under which you are granted probation and the chance to obtain treatment instead of jail time in an appropriate case.

Question 6

What are the disadvantages of a plea bargain?

Accepted Answer

Notwithstanding the many advantages, it is not always in your interest to enter into a plea bargain in Denver or elsewhere in Colorado. Disadvantages to Colorado plea bargains include (but are not limited to): Losing the opportunity of a “not guilty” verdict at trial; and A guilty or “no contest” plea counts as a conviction; Generally no opportunity to change your mind later or appeal the sentence

Question 7

Do I have to plead guilty in order to get a plea deal?

Accepted Answer

Not necessarily. With a Colorado adult diversion plea bargain, you enter treatment before charges are filed or before the prosecution gets very far. In such a case, you may never need to enter a plea at all. You must enter a guilty plea, however, in order to obtain certain forms of relief (such as Colorado deferred sentencing). However, if you successfully complete a diversion program, the charges will be dismissed and you can have your record sealed. Another option in some cases is to plead “nolo contendere” (no contest) to the charges. A Colorado nolo contendere plea means you are not admitting or denying the charge, but are accepting the consequences as if there had been a conviction (often to a lesser charge).

Question 8

When should I accept a plea bargain?

Accepted Answer

There is no set answer as to when or whether you should accept a plea bargain. Remember – the prosecutor is not offering a deal out of the goodness of their heart. The prosecutor will only offer a deal that they believe is in the government's best interest. This is why it is so important to retain an experienced criminal lawyer to help you assess and negotiate your Colorado plea deal. Your attorney can advise you on whether they think the deal can be improved and what the possible outcomes are if you take your case to trial. Together you and your Colorado defense lawyer will discuss the options and decide what you can and can't live with. In the end, however, only you can determine whether the benefits of a plea deal outweigh the risks of trial.

Question 9

What happens after I accept a plea deal?

Accepted Answer

After a plea agreement is worked out between the prosecutor and your criminal defense lawyer, the prosecutor presents it to the judge with the recommendation that the court accepts it. The judge usually goes along with the prosecutor's recommendation. However, it is entirely up to the judge whether or not to do so. Factors the judge will consider may include: Your prior criminal history (if any); Recommendations in the pre-sentence investigation report (PSIR); Recommendations made by treatment providers; Statements of family members and alleged victims; and The nature of the crime and acts alleged. If the plea bargain is accepted, it will be entered into the record in open court with you present. Otherwise, the judge will notify the parties that the court is rejecting the agreement. If the court rejects the agreement, the prosecutor and your defense attorney are free to try again.

Question 10

Can I modify or revoke a plea agreement?

Accepted Answer

In general, once you sign a plea deal, you may not change your mind. However, you may be able to challenge the plea deal if you entered into the agreement because: Your lawyer was incompetent (ineffective assistance of counsel); You were mentally ill or otherwise legally incompetent when you signed the agreement; or The police or prosecutor committed fraud in connection with your case. You should be aware, however, that such challenges to plea bargains are rarely successful absent clear evidence that you were unable to understand the consequences of what you agreed to.

Question 11

What happens if I violate my Colorado plea agreement?

Accepted Answer

Your Colorado plea agreement will set forth the consequences for violating its terms. Depending on what has been agreed, violation of a plea bargain agreement can result in no action, a fine, incarceration, or the commencement or resumption of criminal proceedings against you. However, if you have a good excuse for violating the terms of the plea bargain, the judge may let you off the hook.

Acuerdos de Súplica en Casos Penales de Denver (Explicado por el Grupo de Defensa Legal de Colorado)

¿Qué es un acuerdo de culpabilidad?

1. ¿Cuándo ocurre un acuerdo de culpabilidad en Colorado?

2. ¿Cómo se negocian?

3. ¿Cuánto tiempo lleva?

4. ¿Cuáles son las ventajas?

5. ¿Qué alternativas de sentencia están disponibles?

6. ¿Cuáles son las desventajas de un acuerdo de culpabilidad?

7. ¿Tengo que declararme culpable para obtener un acuerdo de culpabilidad?

8. ¿Debo aceptar un trato?

9. ¿Qué sucede después?

10. ¿Puedo modificar o revocar un acuerdo de culpabilidad?

11. ¿Qué sucede si violo los términos?

Recursos adicionales

Referencias legales: