Plea bargains are misunderstood and inappropriately denigrated by some defendants.

Boulder courts, as well as courts across the United States, plea bargaining is a fundamental part of resolving criminal cases. In Colorado’s criminal courts, plea bargains are commonly used to settle cases without proceeding to trial. Consider that only about 4% of all cases go to trial, either before a jury or as a bench trial. A small percentage of cases are dismissed outright, and sometimes charges are avoided entirely. But what about the remaining 85-90% of criminal cases? They are typically resolved through plea bargains. The perception of plea bargains can vary: what is considered an excellent agreement in one case might be seen as disadvantageous in another. For instance, in cases where prison time is a significant risk, especially with a mandatory minimum sentence, a plea bargain that removes prison as an option might be highly favorable.

The decision to offer a plea bargain lies solely with the prosecutor (deputy district attorney), who also decides the terms of the offer. These can range from a sentence cap to a “delayed dismissal,” known as a “deferred sentence.”   Then if you complete the terms of the deferred sentence, the case against you is dismissed with no conviction.The defense attorney’s role is to advise whether a plea bargain is suitable and, if so, what it must entail. However, only the defendant can make the final decision to accept or reject the offer. The “rules” applied to determining whether or not a deferred sentence will be offered varies with the county.

While lawyers can legally exert substantial pressure on their clients to accept a deal, ultimately, only the client can make the decision as to taking or rejecting a plea bargain offer from the DDA. This pressure may stem from the belief that rejecting the deal could lead to a worse outcome. It’s crucial to remember that the ability to accept a loss is as important as the ability to win in this ‘game.’