Plea Bargaining In Colorado Criminal Cases
There are many different courses a criminal case can take in Colorado courts. On one end, we see men and women taking their case to trial and rolling the dice in a winner take all scenario. At the other end, we see people enter into plea bargains to avoid the possibility of being convicted based on the state of the evidence. When witnesses have decided to lie, justice is set aside and innocent people must consider pleading guilty to something they did not do. While this sickens experienced defense lawyers, they know it is better than an innocent person being convicted at trial and facing prison or jail. Sometimes, it is necessary to choose the “least bad” of several bad alternatives.
During plea bargains in Douglas, Jefferson and Arapahoe County, everything is open for discussion, including the type of plea, incarceration, probation and restitution. We say “discussion” because most sentences are the result of intense bargaining between your defense attorney and a district attorney. Only the best criminal defense attorney is able to persuade a DA to give you a fair plea bargain.
Why Plea Bargain At All?
Everyone in the criminal justice system realizes the value of plea bargains. Judges know there are simply too many cases for each one to go to trial. District attorneys know they don’t have enough staff to take every case to trial. Defendants know that it is best to plea bargain if they cannot win at trial. If a defendant is being charged for something they simply did not do, they can go to trial on principle, even if they know they will be convicted based on the false testimony of another person. Sometimes, this is an admirable course to take. In most cases though, the charged person knows they did something wrong, even if it was just to hang out with a dangerous and dishonest person.
Common Plea Bargain Terms
Plea bargains and plea bargaining in Adams and Denver County address most every term of a court sentence. If a term is impossible to get around due to the requirements of statutory law, then your attorney will propose another plea, which is not limited by that law. In some cases, like sexual assault or unlawful sexual contact, it is tough to find a nonsex plea. District attorneys are limited by law in plea bargaining sexual offenses down to nonsexual pleas. This strict rule also applies to taking alcohol driving cases like DUI and DWAI down to nonalcohol pleas such as reckless driving or careless driving.
Terms that can be plea bargained in Castle Rock, Golden and Aurora include the type of crime, subsections of crime types, length of county jail, length of prison, community corrections (halfway house), whether probation is supervised or unsupervised, restitution amount, costs, fines, length of probation, in-home detention, GPS monitoring, alcohol monitoring, UA monitoring, SCRAM unit monitoring, pee tests, breathalyzer tests, counseling, excluded places, jobs which can be held, contact with kids/minors, protection orders and restraining orders.
Plea Bargains Benefit From Victim Support
Plea bargaining keeps the legal system humming along, and everyone in the system knows this. Limitations on plea bargaining occur when alleged victims object and judges or DAs are worried about their jobs due to a victim complaint. If a “victim” is on board, it is much more likely a DA and the court will go along with a deal. Our law firm has the best criminal defense attorneys. We understand how the criminal justice system works and what motivates its participants to do or not do something. Our 25 years of experience can be put to work for you. Call us at 303-731-0719 for a free consultation, and never talk to the police. Together, we can protect your future.