What Is a Plea Bargain in Minnesota and Should I Take a Plea?
A plea bargain in Minnesota is a negotiated settlement between a prosecutor and a defendant to resolve a criminal case. The purpose is to settle the case short of going to trial. At this point, it is highly advisable to have an experienced criminal defense attorney at your side for this process. Generally, a criminal defendant is looking at the charges, the possible sentence, the possible term of incarceration on the one side versus the likelihood of a “Not Guilty” at trial. The purpose from the Defense perspective is to give their client absolute flexibility to determine the best course of action while at the same time laying out the risk versus rewards of going either direction. If you are facing serious criminal charges, whether to resolve or case or to take it to trial, contact Jack Rice Defense for a free confidential consultation.
“The true benefit of a Criminal Defense Attorney during plea bargaining is the ability to balance the risks versus the rewards and get the best reward possible as an option.”
How Does a Plea Bargain Work?
Plea bargains frequently start with a prosecution assessment of their case. If they have a case that is particularly strong or the facts are particularly egregious, they may be hesitant to negotiate or are outright unwilling to do so. There are also circumstances where prosecutors simply don’t have the authority to negotiate. For example, in Ramsey County, prosecutors rarely negotiate on sex crimes and on gun cases. For whatever reasons, these are simply harder in this County. That being said, Prosecutors also know that they simply do not have the resources to try every case. Therefore, they generally do have to bend. This is where the negotiations begin.
During a plea bargain negotiation, there are typically three areas in Minnesota where prosecutors and defense attorney focus their time:
Charges - what the ultimate charge will be, i.e. Murder versus manslaughter, Burglary 1 versus Burglary 3, Stays of Execution versus Stays of Imposition versus Stays of Adjudication versus Continuances for Dismissal; and
Time - How much time in prison, how much time in jail, etc.;
Conditions - How much time on probation, conditions of probation, no use provisions, registration requirements, restitution, random UAs, etc.
Why Do Minnesota Prosecutors Offer Plea Bargains?
While there are absolutely some cases which prosecutors will not negotiate at all, there are multiple reasons why they can be compelled to do so:
Prosecutors have too many cases and not enough time to try them all. Therefore, they have to negotiate some with better terms;
As the Prosecutor prepares for trial, it may become more obvious that they don’t have the witnesses or the evidence that they thought they had;
An experienced criminal defense attorney can convince a prosecutor that their case may not be as good as they think that it is;
What is the Benefit of an Experienced Minnesota Criminal Defense Attorney During Plea Bargaining?
An experienced Minnesota Criminal Defense Attorney at this stage can be absolutely critical. They have been here before. They know the charges, they know their case, they know the prosecutor , they know the judge. They know what their client might face at trial and how that Judge may sentence in the event that their client is found guilty at trial. They might also know what a normal offer is. The true benefit of a criminal defense attorney is the ability to balance the risks versus the rewards and get the best reward possible as an option. In the end, it is still the Defendant’s decision on whether to accept a plea but the Defense Attorney can lay out the pros and cons.
Should You Accept a Plea?
This is an extremely personal decision. Everybody has different issues that concern them. Some are concerned about the charge. They simply may be unable to accept any felony conviction. Maybe this is a job question, for instance. For others, it is about the amount of time in custody. For others, it is a probation thing. Of course, nobody wants a criminal record and if there is a way around it, that is always preferred. If so, going to trial makes the most sense. However, it is sometimes about prioritization. What do you want most and what are you willing to risk?
“In the end, sometimes you absolutely should go to trial. Sometimes, it could be a disaster to do so. The trick is knowing the difference.”
If you are facing serious criminal charges in Minnesota, there are many possible ways to resolve a case including taking a plea. However, it is best to sit down with an experienced criminal defense attorney to discuss the pros and cons of doing so.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, a former U.S. Federal Agent and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.