why would a lawyer suggest open plea

You should consider pleading “open” only under the advice of your lawyer. And you should have a good criminal defense lawyer at that. Because, the judge can still think you deserve the worst sentence possible.

Full Answer

What is an open plea?

But with an "open" plea, the defendant pleads guilty without any sentencing assurances. In many places, "open plea" refers to the defendant pleading without any promise from the prosecution as to what sentence it will recommend.

When they don’t offer a plea?

When they DON’T offer a plea is when you’re screwed. They have something on you that they feel confident will win the case for them. A smoking gun, if you will.

What is a plea bargain in criminal law?

Answer Wiki. "Plea bargain" is an awfully broad term, essentially implying that the prosecutor or the judge is foregoing some part of the possible punishment in exchange for a plea.

How much jail time do you get for open plea?

The judge also explains that, with an open plea to this offense, the sentence could by anything from no jail time to five years in prison. Nicky chooses to go with the open plea. The judge then sentences her to three years in prison. ( Hornbuckle v.

What does open sentence mean in court?

An open plea leaves the defendant's sentence in the hands of the court—with no agreement from the prosecutor. By Micah Schwartzbach, Attorney. In many cases, the defendant pleads guilty or no contest in return for the prosecution's agreement that it will recommend a certain sentence.

What are the major reasons for plea bargaining?

Plea bargaining is prevalent for practical reasons.Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.The prosecution saves the time and expense of a lengthy trial.Both sides are spared the uncertainty of going to trial.More items...•

Are plea deals a good thing?

Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.

Do defendants benefit from plea bargaining?

For defendants, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and avoid the maximum sentence that a conviction at trial could mean. Accepting a plea bargain could also save you a lot of money on attorney's fees if there is a strong likelihood of a conviction anyway.

What are the 3 types of plea bargains?

– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

Who decides if a plea agreement will be entered into?

While plea procedure varies from judge to judge and jurisdiction to jurisdiction, judges must always decide whether to accept the plea terms before the defendant actually enters the plea. When judges decide on a proposed plea bargain, they may be able to: accept the terms of the plea agreement.

Who benefits the most from plea bargaining?

defendantThe most obvious benefit is the savings in time and expense to the parties, the court, and the public. In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense.

How are most criminal cases resolved?

Most are resolved when the defendant enters a guilty plea or a plea of no contest. In many instances, the defendant agrees to plead guilty or no contest and in exchange the prosecutor reduces the charges or makes a favorable sentencing recommendation. The judge has the discretion to accept or reject plea agreements.

What are disadvantages of plea bargaining?

Some disadvantages of plea bargains include:The defendant does not have the opportunity to have their case decided by a jury.It could lead to convictions of innocent people. ... Judges may not always approve a plea bargain. ... The victim of the crime could feel that the sentence is too light for the defendant.More items...•

Why are defendants motivated to plea bargain?

For most defendants, the principal benefit of plea bargaining is receiving a lighter sentence for a less-severe charge than might result from taking the case to trial and losing.

Is plea bargaining fair to the victim?

Dealing to Protect the Victim In fact, the plea bargain shields victims so that they do not have to relive the ordeal or be questioned by hard-hitting defense teams, which can often provoke more suffering.

What is a plea deal pros and cons?

However, they must also be aware of the disadvantages.Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:Lighter Sentence. ... Reduced Charge. ... The Case Is Over. ... Disadvantages. ... Avoiding Problems with Prosecution's Case. ... No “Not Guilty” Result. ... Possibility of Coercion.More items...

Why do you need a guilty plea agreement?

Before discussing the reasons why accepting a guilty plea agreement might be advisable, it helps to go over some criminal prosecution basics. In the Unites States, we operate under a system wherein a person accused of a crime is presumed innocent unless proven guilty. Moreover, an accused must be proven guilty beyond a reasonable doubt. This means the prosecuting attorney has the burden in every criminal prosecution to prove a defendant guilty beyond a reasonable doubt.#N#In addition, an accused has a number of rights guaranteed by the U.S. Constitution. Among the most important are the right against self-incrimination, the right to counsel, and the right to confront and cross-examine witnesses against you. In conjunction, the prosecutor’s burden and a defendant’s rights are intended to prevent innocent people from winding up in prison convicted of crimes they did not commit.

What is the first thing you face when facing a criminal case?

If you are facing criminal charges for the first time, you are undoubtedly feeling a wide range of emotions, including fear and confusion . The fear comes from worrying about the eventual outcome of your case while the confusion comes from trying to navigate the criminal justice system for the first time. You are also likely working with a criminal defense attorney for the first time, something that can also be a bit intimidating and sometimes confusing as well. Your attorney may have presented a guilty plea offer to you that was tendered by the prosecuting attorney and advised you to accept the agreement. Although the specific reasons for advising a client to accept a plea agreement will vary, there are some common factors that criminal attorneys will consider.

What is the job of a criminal defense attorney?

A criminal defense attorney’s job is to advise a client, not tell the client what to do. If a guilty plea agreement was tendered by the prosecution, a criminal attorney should first read through it carefully and explain all the terms to the client. Several factors then go into advising the client whether to accept the plea agreement, including:

Do you have to offer a plea agreement to a defendant?

In a criminal prosecution, the prosecuting attorney is never required to offer a guilty plea agreement to the defendant; however, in most cases, he or she will make an offer at some point. For less serious crimes, the prosecuting attorney may make a plea agreement offer fairly early on in the case to try and save the State time and money. For more serious crimes, a plea offer may not be forthcoming until the prosecuting attorney has had more time to review the evidence, talk to witnesses, and decide how to proceed. At some point though, if a plea agreement is tendered, the defendant must do one of three things:

What does "open plea" mean?

In many places, "open plea" refers to the defendant pleading without any promise from the prosecution as to what sentence it will recommend. Defendants sometimes reject offers and choose open pleas in the hope that they'll receive a better sentence than they would under the prosecution's proposal. (See What does it mean to "plead to the sheet"?)

What to do with an attorney with experience in your area?

An attorney with experience in your area should be well suited to explain the law and give you advice. That lawyer may also have, or be able to get, an idea of what kind of sentence the judge would choose if faced with an open plea. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area.

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Open Plea Law and Legal Definition

Open plea is a plea agreement where the determination of sentencing is left to the trial court's discretion. Usually, plea bargains are struck before making a guilty plea. In an open plea, defendant pleads guilty without an agreement regarding punishment. Therefore it can be said that open plea is a non-conditional acknowledgment of guilt.

Samuel A Goble

If three different attorneys have advised you to take the deal, it is likely because they think the deal is better than your risk at trial, or in other words, they don't think the risk is worth it.

John Joseph Brosnan

If three separate lawyers are all advising you take the deal, which you haven't said what it is, clearly they all think that the risk of conviction at trial is not worth the deal thats on the table. More

Thomas G. Briody

Let's think about this for a minute-- three different lawyer look at your case and recommend a plea, and you wonder whether this is "because they don't like taking cases to trial or something?" Respectfully, that makes no sense. I've been trying cases for more than twenty years. I've won cases I didn't deserve...

Chase A Adams

I would assume this is because they feel the evidence is not in your favor or the deal is such that it is better to minimize the risk to you.

What does it mean when an attorney takes an open plea?

Generally, when someone takes an "open plea" it is because his/her attorney believed either by express statements ("an indicated sentence" or "indicated sentence range") or implied statements from the Judge that the Judge's sentence will be a better deal than what was offered by the DA's office. Also, the attorney must have believed ...

Can you enter an open plea?

Well, usually, you do not enter an open plea unless you have a strategy in advance. Ordinarily, it occurs in a situation in which the Judge has given an indicated sentence that will undercut the DA's best offer.#N#In order to get to that position, your lawyer would have put together as much...

What is an open plea to the court?

An open plea to the court will often come with a defense motion for downward departure, where the defense asks the judge to sentence below guidelines. The defense may present evidence showing that the court can find statutory criteria upon which to sentence the accused below guidelines. Evidence is typically in the form of testimony or a report from a mental health professional showing that the accused is not at risk to re-offend, or that the criminal act was the result of some mental illness for which the accused should be treated (as opposed to incarcerated).

What is a true court plea?

A true court plea should be the judge making an offer and then the accused deciding whether or not to accept. However, it sometimes doesn't work that way. Counties such as Broward and Palm Beach often require an accused to plead open to the court, meaning that the accused will first plead guilty or no contest, and then the judge will pronounce sentence. The problem is that once you plead guilty or no contest, the judge can legally sentence you anywhere between a minimum sentence and the statutory maximum.

How are criminal cases disposed of?

It is no surprise that most criminal cases are disposed of by way of plea negotiations. That is, the defense attorney and the prosecutor will agree upon a resolution instead of taking a case to trial. In most instances, a plea is beneficial to both the state and the accused. The state doesn't need to spend time and resources bringing their witnesses in for trial, and the accused doesn't have to risk the maximum penalty if found guilty. I have long believed that a great criminal defense attorney should be both an excellent negotiator and a well-prepared trial lawyer.

Can an open plea backfire?

I don't doubt the good intentions of the defense attorney, but sometimes an open plea can backfire. If faced with serious criminal charges, make sure you consider all of the risks before placing yourself at the mercy of the court.

Can a prosecutor negotiate a plea?

However, sometimes prosecutors aren't willing to negotiate. Sometimes an accused's guidelines are too high or the state attorney is simply not interested in a plea. Sometimes it is in the accused's best interest to try and plead open to the court. A court plea is a plea offer extended by the court to the accused.

What is an open plea?

An open plea is also known as a "straight up plea" or simply as "throwing oneself on the mercy of the Court." When you open plea you are essentially putting the entire outcome of the case into the judge's hands . The judge will listen to argument from your attorney and from the prosecutor. You will have the opportunity to speak to the judge and call friends, family or co-workers, if you like.

How to plead guilty in Sarasota?

The first, and most common, is to accept the plea offer that the State (prosecutor) makes . If you have hired an attorney, the attorney will likely try to get a better offer by negotiating with the State; this is what is referred to as "plea bargaining". If you are unwilling to accept the State's offer before or after plea negotiations, then you are left with two final options. The most common of these options is taking your case to trial and letting a jury decide your guilt or innocence. A less common, but available option, is to open plea in front of the judge.

How to show respect to the judge?

Do not dress poorly. Be sure to show respect to the judge by dressing in your best for court. Also, you do not want to appear in any way disrespectful. Be sure to show respect, even while the prosecutor is speaking.

Can a judge rule on a plea?

After listening to the defense and the prosecutor, the judge will rule. The judge can sentence you to anything from the minimum sentence allowed by law up to the maximum sentence allowed by law. Open pleas can be very risky because the judge can essentially do whatever he or she wants within the confines of the law.

Is it important to prepare for an open plea?

It is extremely important to be thoroughly prepared for an open plea. Open pleas can be practiced. The more you prepare and practice, the more comfortable you will feel in front of the judge.

Can you plead a DUI before a judge?

Judges, like anyone else, can feel strongly about certain issues. You would obviously not open plea a DUI before a judge who is known to sentence the maximum for DUI's . On the other hand, there are judges who tend to favor rehabilitation over incarceration. If you want to avoid jail with a rehab program, and the state is demanding jail, you may want to consider an open plea before the judge.

What is an open plea?

An open plea, also known as a straight plea, is one where sentencing is still up to the judge. Sometimes this is done because the prosecutor doesn't want to give in too much, and sometimes it's done because the defense believes that the prosecutor's offer isn't very good and they're better off with the judge. This is still frequently a result of a negotiation with the prosecutor.

What is the difference between an open plea and a plea agreement?

The main difference between an open plea -where the defendant pleads to the indictment/information without a written plea agreement -and one where there is a plea agreement is that the defendant who pleads open always retains their right to appeal their sentence and argue for whatever sentence they deem appropriate. While plea agreements often con strain the prosecutors from fi ling other charges or seeking additional time they also almost always prohibit a defendant from appealing except in certain rare circumstances. Most defendants who plead open either know the judge will follow the plea agr

What is plea bargain?

The plea bargain most people think of, having watched years of TV, is one where the defense and the prosecutor agree on some combination of charges, stipulated facts and sentencing recommendations to come up with an agreed result.

Is the trial penalty real?

So what lawyers call the trial penalty is very real, and therefore the incentive to take a plea, even for something you didn't do, is very strong.

Can you go to trial if you are convicted?

Yes and sort of. The problem with going to trial is that the rate of convictions is very high, and if you turn down a plea, the judge is going to throw the book at you.

Does the District Attorney give freebies?

The District Attorney, doesn't hand out freebies. Lets say the case is weak and your attorney thinks it just might be winnable.