Endgame: Resolving Criminal Cases in Florida

Plea bargains resolve almost all criminal cases in Florida and elsewhere. The plea bargaining system began after the Civil War. Albert McKenzie’s 1881 plea bargain was one of the first on record. McKenzie pleaded guilty to misdemeanor embezzlement charges (taking $52.50 from his sewing machine company employer) to avoid felony charges. Still today, most plea bargains involve reduced charges and/or reduced sentences, such as probation instead of jail time.

For a Tampa criminal defense lawyer, the plea bargain resolution process is much like the trial resolution process. Before settlement negotiations begin, a lawyer carefully reviews a case and identifies all possible procedural, substantive, and/or affirmative defenses. As a result, when talks begin with prosecutors, a lawyer negotiates from a position of strength.

Appealability may be the biggest difference between a guilty plea and a trial verdict. Trial verdicts are usually appealable. Pleas usually are not appealable. So, a Tampa criminal defense lawyer only gets one shot.

Agreed Pleas

In almost all cases, defense attorneys and prosecutors agree on the aforementioned reductions. Then, the defendant pleads guilty or nolo contendere (no contest) in open court.

Guilty pleas mean the defendant admits full culpability for the offense exactly the way prosecutors charged it. No contest means the defendant chooses not to fight the matter and accept punishment without acknowledging liability. Legally, guilty and no contest have the same direct effects.

Guilty and no contest also have the same collateral effects. In both cases, the judge says “I find you guilty,” and that’s all that matters.

On a side note, completed deferred disposition probation doesn’t count as a conviction in most cases. However, for immigration purposes, probation is probation, just like a conviction is a conviction.

During guilty or no contest pleas, some courts require allocutions. The defendant must offer details about the commission of the crime on the record.

Defendants with strong defenses usually get good deals, just like buyers with good credit often get good deals. We mentioned these defenses above. Procedural defenses include Fourth Amendment illegal searches and seizures and Fifth Amendment illegal interrogations. A substantive defense is a lack of evidence, and procedural defenses include self-defense in an assault case.

Non-Agreed Pleas

Sometimes, an attorney cannot make a favorable deal with prosecutors and, for whatever reason, a trial is too much of a risk or otherwise undesirable. Options in these cases include open pleas and, in some jurisdictions, slow pleas.

In an open plea, defendants almost literally throw themselves on the mercy of the court. The defendant pleads guilty or no contest and accepts whatever punishment the judge assigns.

An open plea could be a good idea if the defendant anticipates an executive or other pardon. An open plea could also be a good option if the judge has a track record of handing down light sentences in similar situations.

A slow plea is basically a combination of an open plea and a jury trial. The defendant pleads guilty or no contest and then introduces evidence regarding punishment. For example, Bill pleads guilty to murder and conspiracy. Then, his Tampa criminal defense lawyer calls character witnesses to the stand and introduces evidence regarding Bill’s marginal participation in the plot.

Reach Out to a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

history.com/this-day-in-history/february-7/plea-bargaining-gains-favor-in-american-courts