PA CRIMINAL DEFENSE ATTORNEY – PLEA AGREEMENTS

At Lampman Law, one of the most difficult parts of our practice is when we must advise a client to enter a plea to resolve a criminal case. Even if the plea offer is favorable, we understand that after the case is resolved the criminal conviction remains and it will impact our client’s future.  

The cases that we would most like to challenge at trial typically get resolved with a favorable plea agreement. Criminal defense practice, nor any lawyering for that matter, should not be about what is best for the lawyer. To that end, our clients often give up their right to a felony jury trial for a low-level misdemeanor or a summary conviction. People typically prefer the certainty of a low consequence plea over the risk and uncertainty that comes with a jury’s verdict.

What is a no contest or nolo contendere plea?

A no contest or nolo contendere plea may be used to resolve a case when a defendant does not want to admit to committing the offense charged but also does not want to risk being convicted at trial. It is an acknowledgment that the government’s evidence in the case is likely sufficient to sustain a conviction. In general, a no contest plea can reduce a person’s exposure by limiting the conviction to one or some of the counts rather than risking a conviction on all counts at trial. Ultimately, the result of a no contest plea is a criminal conviction without an admission and without acceptance of responsibility.

What is a guilty plea?

A guilty plea is a formal admission of guilt that results in a criminal conviction. When a defendant enters a guilty plea, he/she convicts themself of a crime and relieves the government of all their duties and burdens they initially bear to obtain a conviction. Most cases, civil or criminal end with an agreement. In general, trials are the exception, and guilty pleas are the norm. In fact, less than five percent(5%) of criminal cases go to trial.

When a defendant pleads guilty, they waive their constitutional rights to trial and admit that they committed certain criminal activity. Generally, a plea is entered in exchange for charge(s)being dropped.

From the defense perspective, the purpose of entering a plea agreement is to reduce punishment at sentencing. A defendant may also seek a plea agreement to quickly resolve the case and avoid the risk and stress of trial. The District Attorney seeks plea agreements to guarantee the conviction and to evade the burdens of trial.

What are the consequences of pleading guilty?

The consequences of a guilty plea are case specific depending on the crime at issue and the defendant’s history and situation. Nevertheless, the consequences of a guilty plea extend beyond the court’s jurisdiction to impose penalties. Criminal convictions often limit people’s educational and employment opportunities. A conviction may also impact housing options, a driver’s licenses, firearm rights, who you can associate with, and a person’s immigration status.

What can I appeal after a guilty plea?

Appellate rights are severely limited when a conviction is the result of a guilty plea. Following a plea, an appeal is limited to whether: (1) the court had jurisdiction to accept the plea; (2) the sentence is legal; (3) the plea was voluntary; (4) defense counsel was competent. Any challenges to the legality of the evidence are waived. Accordingly, challenging a criminal conviction following a guilty plea is extremely difficult.

Can I withdraw my guilty plea?

Guilty pleas entered before a MDJ can be withdrawn within thirty days.

Once a Court of Common Pleas accepts a guilty plea, however, a defendant can only withdraw it by making a motion and showing that there is a fair and just reason to withdraw the plea and that the Commonwealth’s case would not be prejudiced if withdrawal was granted. A bare assertion of innocence is not, in and of itself, a sufficient reason to require a court to grant such a request. The proper inquiry on a motion to withdraw a guilty plea is whether the accused has made some colorable demonstration that permitting withdrawal of the plea would promote fairness and justice. Therefore, in the Court of Common Pleas, the judge’s decision on whether to grant or deny a motion to withdraw is discretionary.

Does the government have to offer a plea?

The government is never required to make a plea offer. More importantly, no one can force a criminal defendant to plead guilty. A plea agreement is only enforceable when it has been entered or announced on the record in the Court of Common Pleas.

Should I plead guilty?

This is one of the most important questions a criminal defense lawyer must answer. Initially, the answer must be no. Nevertheless, while every criminal defendant has the right to a trial, going to trial is not always the right thing to do. Obviously, trials come with risks and the full exposure of the criminal information. In other words, if you are found guilty at trial, you will likely face the possibility of more punishment than if you accepted a negotiated guilty plea. That is not to suggest that going to trial is never worth the risk, because it often is. Further, it is not to suggest that a sentencing court would punish you for exercising your trial rights.

Instead, the point is that most plea deals limit the number of charges or counts that the court can impose punishment on at sentencing. Therefore, even if the plea is open (there is not an agreed upon sentence that the court would have to issue if it accepted the plea) the court can only issue a sentence on the charge or charges in the plea agreement. A guilty plea also encompasses an acceptance of responsibility and, to a lesser degree, an expression of remorse, that cannot be as genuinely presented following a trial conviction.

I did it, so why shouldn’t I just plead guilty?

Sometimes, people tell us that they are guilty of the crime(s) charged and that they just want to put the case behind them. While we always appreciate accountability, honesty, and remorse, a criminal defense attorney has a duty to investigate whether the government can prove their case at trial and to protect their client (and their future) from criminal liability. In other words, while you might want this case resolved as soon as possible, just to get it over with, you may later regret the result if the conviction impacts your prior record score (your sentencing range in any future case) and/or your ability to pursue a career, geta job, drive a vehicle, or possess a firearm.

Therefore, no matter what you think of the charges, you should only enter a plea if you fully understand the case against you and know what is most likely going to happen at trial. The only way a lawyer can identify what you should do with a case is to learn about your history and everything about the crime charged. If an attorney does not know you or all the facts of your case, they are probably not competent to offer you advice.

How do I get the government to offer the plea deal I want?

In our experience, the only effective way to negotiate a favorable plea offer is to work the case. This means we must learn everything there is to know about the case (the facts and the law)and then prepare the case for trial. Asking nicely is not effective negotiating. Neither is waiting for the deal to improve without working. Neither is talking a good game without acting.

Filing and litigating pre-trial motions typically improves plea offers. Filing motions in limine (motions to preclude or admit certain evidence) also helps negotiate a better deal. Sometimes, taking the risk of picking a jury will move the needle to get the right deal. Whatever the case, fighting is usually the only way to improve a guilty plea offer.

If you are contemplating a guilty plea and feel overwhelmed or unsure of what to do, call us today at 570-371-3737. We are here to help and ready to fight.

‍