How Do Indiana Plea Agreements Work?
Anyone, who, in the state of Indiana has been arrested for a criminal offense and is now facing charges may be wondering if they are eligible for a plea agreement, and whether they should consider taking a plea agreement. Plea agreements are governed generally by IC 35-35-3, and they are defined as “an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.” While plea agreements are not offered in all cases, plea agreements are common, and many defendants are able to negotiate plea agreements with assistance from a defense attorney.
How do these agreements work? Consider the following information from our Indianapolis criminal defense attorneys.
Nature of Plea Agreements
In both misdemeanor and felony cases, a prosecutor offers a plea agreement that a defendant can consider alongside their defense attorney. With help from a defense attorney, it may be possible to negotiate the terms of the plea agreement. While the statute’s definition does not expressly explain this, plea agreements can include the defendant’s agreement to plead guilty to a lesser offense than what they were originally charged with, or a lower sentence than you would expect if the case proceeded to trial. The idea is that, in exchange for pleading guilty (and saving the time, expense, and potential emotional costs) of a trial, the defendant will have a lesser offense on their record and/or a lesser sentence.
Court Reviews Plea Agreements
All plea agreements must be reviewed and accepted by the court, and the court has the ability to reject a plea agreement.
Rules for Misdemeanor and Felony Plea Agreements Are Different
Under Indiana law, prosecutors have a relative freedom to offer misdemeanor plea agreements, and those can be submitted orally to the court. However, for felony plea agreements, the prosecutor must submit the terms of the agreement in writing to the court. In practice, virtually all courts in Indiana require written agreements to be filed with the Court.
Victims of Offenses May Make a Statement
You should expect that, if you are planning to accept a plea agreement, the prosecutor will need to inform the victims of a felony of the proposed agreement. Further, victims of misdemeanors and felonies will be informed of their right to make a statement at sentencing, which can be submitted in written form to the court or in-person.
Plea Agreements Are Inadmissible If They Fall Through
If you initially accept a plea agreement and it does not work out, you should know that Indiana law clarifies that plea agreements are inadmissible as evidence in the trial against you for which you were going to accept the plea agreement.
Contact Our Indianapolis Criminal Defense Lawyers Today for Assistance
If you have any questions or concerns about plea agreements, or if you need help negotiating a plea or deciding whether to accept a plea agreement, an experienced Indianapolis criminal defense attorney at Rigney Law LLC is here to assist you. Contact us today for help with your case.
Source:
law.justia.com/codes/indiana/2011/title35/article35/chapter3
