This Blog entry will discuss, at a very broad level, the use of “Plea Bargains” or “Plea Agreements” in the USA. It is more of a discussion of a few salient points, it is not Legal Advice – you must find an Attorney, in the relevant Jurisdiction, if any of the points discussed affect you.
When “charged” with a crime, Felony or Misdemeanour, in the US you are likely to be offered the opportunity to enter a plea to answer that charge at an Arraignment. This allows the prosecutor to dispose of your case without having to go through an expensive Trial. For the group that may be classified “guilty as charged” this may be a very good deal. For the factually innocent it can be likened to a minefield.
It has been reported in the media and press that the factually innocent are being pressured to admit to a crime they didn’t do. The reasons for this are many and are ably presented in the PBS Frontline documentary “The Plea“.
One the of many reasons they are problematic are that Guilty Pleas are reserved for the Guilty. Innocent defendants taking the offer of a Plea at arraignment or subsequent Trial are making a very public and formal statement they did the alleged crime. Subsequent events may reveal new evidence that they did not do the crime, for example newer DNA techniques. People who think they can just walk into a Court and present the evidence of their innocence may be shocked to find that it may take them decades to accomplish that.
US Judges are supposed to make sure that you do not plea to a crime you didn’t do. To support this goal courts in the various States have helped to produce a Colloquy, a semi formal structured discussion, between Judge and Defendant that ensures their Plea confirms to the rules. This is a really good idea and you can watch this being done on some of the YouTube channels that broadcast the activities of US Courts. The down side is that if you subsequently do find evidence of your innocence you will have an even harder time having it believed as the Colloquy will be metaphorically waved in your face.
There are a few Plea Colloquy on the net, I will use the one by Judge Paul A. Zoss. He starts by making sure the defendant is willing to be dealt with by the current Judge.