In today’s blog, let me address a common misconception. Deferred Judgment and Sentences in Denver County Court are not always the best way to plea bargain a case. Sure, they are a great offer and course to successful resolution most of the time, but there are some cases where they are not the preferred alternative. Let’s talk about why.
Some People Can’t Stay Out of Trouble
I have had some clients tell me straight up, “I can’t stay out of trouble that long.” While I appreciate their honesty, I wish they’d man up and do the right thing for a while. When offered a choice between a deferred judgement plea bargain to a felony in Arapahoe County, like Menacing, or a permanent conviction to something like Assault in the Third Degree, they opt for the permanent misdemeanor. Their lifestyles, bad company and lack of self control are all choices. They should make the choice to stay out of trouble and avoid a conviction.
You Can Win at Trial
We often get good deals like a deferred Judgement and Sentence in Jefferson County on cases where the DA thinks he or she might lose at trial. So, they tempt our clients into taking the safe way out with a deferred plea bargain. I don’t always advise taking this plea bargain deal. If you have a good chance of winning, go to trial and make the DA prove their case.
The Upside to a Deferred Judgment and Sentence Plea Bargain in Adams County
The good thing about a deferred is that if you are successful, your charges under the agreement are dismissed and you can get your record sealed. Sealing your record assumes ALL charges you plead to are covered by the deal. A split plea is when one charge is under the deferred and one or more are not. In this case, you cannot seal your record – so don’t take the plea bargain.
The Downside to a Deferred Judgement and Sentence
There is a risk with a deferred. With any deferred, you plead guilty to the charge. Then, the court defers sentencing you or permanently convicting you. If you violate the terms of your plea agreement, which include no new criminal offenses and treatment, you will get your Douglas County deferred judgment and sentence revoked. Then, you will stand permanently convicted of that crime – which is often a felony. Treatment involves anger management, substance abuse counseling or sex offender treatment. Probation might involve a curfew, paying probation supervision fees and visits to a probation officer. Sometimes people have a hard time with these requirements.
It is best to work through the decision of whether to take a deferred judgement plea bargain with a qualified criminal defense lawyer. So, never give a statement to police when contacted. Instead, call us at 303-731-0719. Together, we can protect your future.