Plea Bargains in Colorado Criminal Cases
If you’re facing criminal charges in Summit County, the impact of a conviction can be life changing. That’s why it’s so important to understand your options. One of the most common ways criminal cases are resolved is through a plea bargain. But what exactly is a plea bargain, and what does it mean for your case?
At Whitaker & Penix, LLC, we help clients make informed decisions about their defense strategies, including whether to accept or negotiate a plea deal. This blog will walk you through the Colorado plea bargain process, the advantages and risks involved, and how our legal team can help protect your future.
What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty or no contest to a criminal charge. This plea is often submitted in exchange for reduced charges, a lighter sentence, or dismissal of other counts.
Types of Plea Bargains
- Charge Bargaining: Pleading guilty to a lesser charge than the one originally filed.
- Sentence Bargaining: Pleading guilty in exchange for a lighter or agreed-upon sentence.
- Fact Bargaining: Agreeing not to contest certain facts in exchange for the prosecution omitting certain details.
The Colorado Plea Bargain Process
Plea deals are common in Colorado courts, particularly for misdemeanor and low-level felony charges. Here’s how the process typically works:
Initial Arrest and Arraignment
After charges are filed, you are arraigned in court and informed of the allegations against you.
Discovery Phase
Both sides exchange evidence. Your attorney uses this phase to assess the strength of the case against you.
Negotiations Begin
Negotiating plea bargains is a complicated process. Your attorney may begin discussions with the prosecutor to explore possible outcomes.
Client Review
If an offer is presented, your attorney will explain the terms, implications, and potential alternatives.
Court Approval
If accepted, the plea must be entered in court and approved by a judge, who ensures it is voluntary and supported by evidence.
The Advantages of Choosing a Plea Agreement
Accepting a plea deal can offer several advantages, depending on your circumstances:
- Reduced Charges: Felonies may be reduced to misdemeanors, avoiding long-term consequences.
- Lower Sentences: You may avoid jail or reduce your sentence through probation or deferred judgment.
- Faster Resolution: Avoiding a lengthy trial can reduce stress and uncertainty.
- Protecting Privacy: Trials are public, but plea agreements keep certain case details out of court.
In certain Summit County cases, a criminal plea deal may allow you to avoid incarceration entirely, particularly if this is your first offense.
The Risks of Accepting a Bad Plea Bargain
While plea bargains offer benefits, they are not always the right choice. That’s why having an experienced Breckenridge criminal defense lawyer on your side for plea deals is essential. An experienced attorney can help you weigh risks and benefits.
Accepting a deal means:
- Giving Up Trial Rights: You waive your right to a jury trial, to confront witnesses, and to remain silent.
- Permanent Record: Even a reduced charge may appear on your criminal record.
- Limitations on Appeals: Once a plea is entered, options for appeal become limited.
- Possible Future Consequences: A conviction could damage your immigration status, employment prospects, custody rights, and other aspects of your life.
When Is a Plea Bargain a Good Idea?
While every case is unique, plea bargains could be the right path to take. Plea bargaining can be a strategic way to control the outcome rather than leave your fate to a jury. Reasons to consider accepting a plea agreement include:
- The evidence against you is strong
- The prosecution offers significant charge or sentence reductions
- You want to avoid the stress and uncertainty of trial
- There is a risk of harsher penalties if you’re convicted at trial
Can Your Attorney Negotiate a Better Deal?
Yes. Negotiating plea bargains is both an art and a science, and your lawyer’s familiarity with local judges and prosecutors can make a big difference. Skilled criminal defense attorneys know how to
- Challenge the admissibility of key evidence
- Present mitigating facts (e.g., clean record, cooperation, personal background)
- Propose alternative sentencing (e.g., diversion programs, community service)
Common Plea Bargaining Outcomes
Many people who are charged with first-time offenses such as DUI, minor theft, and drug possession are eligible for plea deals that avoid jail time or lead to record sealing after compliance.
Whitaker & Penix, LLC routinely helps clients pursue favorable plea agreements such as:
- DUI reduced to DWAI with alcohol education and no jail
- Drug possession charge reduced to misdemeanor with probation
- Domestic violence case resolved through deferred judgment and counseling
Each case is fact-specific, but our local experience gives us an edge in understanding likely plea bargain outcomes.
Your Attorney’s Role in the Plea Process
At Whitaker & Penix, LLC, we present you with the options to make the best decision for your future. Our Summit County criminal defense attorneys fight for your rights by:
- Reviewing all evidence for weaknesses
- Engaging early with prosecutors to explore dismissal or reduction
- Advising you on every deal’s pros and cons
- Representing you in court to finalize any agreement
Talk to a Summit County Criminal Defense Lawyer Before You Decide
Plea deals are powerful tools, but they must be used correctly. You don’t want to accept a prosecutor’s offer without understanding its long-term effects. Taking a deal or going to trial is one of the most important decisions you’ll ever make.
Let our legal team at Whitaker & Penix, LLC review your charges and walk you through every option. Both of our attorneys, Kylie Whitaker and Ehren Penix, have experience working as criminal prosecutors and in private practice.
We have an in-depth understanding of Breckenridge and Summit County courts and the probation system, and we also have an A+ rating from the Better Business Bureau.
Speak With an Experienced Summit County Criminal Defense Lawyer
If you’re facing criminal charges, you don’t have to do it alone! Call Whitaker & Penix, LLC at (970) 368-0602 to schedule a free consultation and learn more today.
Find out how our experience can help you protect your rights and preserve your future.