A plea agreement is a balance between risk and consequences
When a person is arrested and advised of the charges and the possible penalties, a very frightening and stressful experience begins. Hopefully, a reasonable bond can be obtained and money is available for the release from custody. The delays and setting of court appearances seem to be unreasonable and unnecessarily extended. The fear of the prosecution and the uncertainty of the future can cause physical, mental and emotional stress.
Convincing a prosecutor to dismiss a case, if possible, takes time. Trying to reach an acceptable agreement takes time and effort. If no agreement is available, then the case is set for trial within six months. Accepting a plea agreement depends on the balance between risk and consequences. The risk of conviction may be small but the consequences upon conviction can be devastating and life changing. The objective is to minimize the consequences and the risk. A plea agreement can accomplish this.When a person is arrested and advised of the charges and the possible penalties, a very frightening and stressful experience begins. Hopefully, a reasonable bond can be obtained and money is available for the release from custody. The delays and setting of court appearances seem to be unreasonable and unnecessarily extended. The fear of the prosecution and the uncertainty of the future can cause physical, mental and emotional stress.
Convincing a prosecutor to dismiss a case, if possible, takes time. Trying to reach an acceptable agreement takes time and effort. If no agreement is available, then the case is set for trial within six months. Accepting a plea agreement depends on the balance between risk and consequences. The risk of conviction may be small but the consequences upon conviction can be devastating and life changing. The objective is to minimize the consequences and the risk. A plea agreement can accomplish this.
Many times, a plea agreement is all about numbers: the numbers of days in custody, the number of years on supervised probation, the number of public service hours that must be performed and the amount of the financial obligation. These numbers must be reduced as much as possible.
A jury trial can be the most difficult physical, emotional, psychological and financial experience in a person's life. A jury trial is an experience of last resort. If the prosecutor is being unreasonable and does not have a case supported by the evidence, a jury trial must be pursued. If the demands of the prosecutor exceed the consequences of a jury trial or the opportunity of a not guilty verdict, then the jury trial must be scheduled. Many times, a prosecutor will not agree to an acceptable disposition until convinced that a jury trial is unavoidable.
An acceptable plea agreement has the following advantages:
- It avoids the cost and the stress of a jury trial.
- It can minimize a period of incarceration if a bond is not available.
- It minimize the stress and uncertainly of the results.
- It minimizes the risk of multiple convictions on the record. Avoiding convictions can also minimize future consequences.
Obtaining and accepting a plea agreement is a serious and complicated decision. An aggressive and experienced attorney is an absolute necessity.
Call me before accepting a plea bargain (970-871-7400) to discuss your questions, needs and how I can help you.
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"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs
Also by Larry D. Combs
Five Immediate Steps to Take upon Receiving a DUI Ticket
9 Survival Tips When Arrested
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