Kansas Plea Agreements
A vast majority of cases end up pleading out. When I receive a plea offer, I always ask two questions:
- What are we getting? Are they dismissing charges? Are they agreeing to a below-guideline sentence?
- Can we do better on our own? (Going to trial)
This is a far more difficult question because that question involves: What is the likelihood of your legal defenses winning and/or the likelihood of your factual defense winning at trial?
I'll let you in on a little secret: most attorneys will get the exact same plea offer at the beginning of the case, whether you have a court-appointed public defender, or whether you've dropped thousands of dollars on an attorney. You need an Olathe trial attorney when negotiations break down.
Why You Need a Trial Attorney
Why do you need an experienced litigator if you're just going to plea the case out? A trial attorney is capable of taking something past the initial round of plea negotiations, file motions, and ultimately try the case. That's why you need an experienced litigator - because when plea negotiations break down, we have to fall back to fighting the case, filing motions to suppress, and filing motions to dismiss.
Our Olathe trial lawyers ultimately have to start teeing up for trial, and even down the line, we're trying to set it up for appeal. The idea is that even if you do want to plea out, sometimes the prosecutor wont give us an acceptable offer, but a trial attorney is able to push the matter and get plea offer that’s acceptable.
What Is a Plea Agreement?
A plea bargain is when the defendant agrees to enter a plea other than not guilty to one or more of the charges against him or her or to a lesser charge. In return, the defendant receives some benefit such as a less sever charge, probation, shorter prison sentence, or other consideration.
A plea bargain is negotiated between the defense attorney and prosecutor and then formalized at a court hearing. A plea bargain ends the case, and there is no trial or further court appearances other than a possible separate sentencing hearing.
How Often Are Cases Resolved With a Plea Bargain?
Although popular TV shows and movies may make it seem like a criminal case is destined to go to trial, immediately after an arrest is made and charges are filed, In truth, across the country, less than 5% of cases make it to jury trial. Nearly all are resolved with a plea bargain. Since you or your loved one will almost certainly be offered a plea bargain, read the FAQs below to learn about the process.
The Four (4) Different Types of Pleas
With a few exceptions, any kind of plea you can image is possible: dropping the case, probation instead of prison, misdemeanors instead of felonies, plea to “this” charge and not “that” charge. The question is not, “can” the question is “will.” The question is not “can we do this kind of plea?” the question is “will the prosecutor agree to this plea?”
1. Not Guilty Plea
2. Guilty Plea
3. No Contest Plea
4. Alford plea
Different Types of Plea Bargains
Open to argue
Plea Bargains FAQ's
Our Kansas Criminal Defense Firm Can Help
If you have been charged with arson or aggravated arson you need help that gives your individual case or situation the attention you deserve.
Our firm has the experience and education to help you or your loved ones when they need it. Rivera Law, LLC represents clients in Johnson County and Wyandotte County, Kansas including cities of Olathe, Overland Park, Leavenworth and Douglas.