Facing a criminal charge means that you need to review each option that you have for resolving your case. In some instances, that might mean going through the criminal justice trial, but it may also mean working out a plea deal.
Plea deals in Indiana are used to resolve the majority of criminal matters. These deals are mutually agreeable terms between the prosecution and defense in which you plead no contest or guilty to specific charges in exchange for the terms offered by the prosecutor, which may include lesser charges than the original or a specific sentence. The agreement must be made in writing and must be presented to the court for approval, according to Indiana Code § 35-35-3-3.
Plea deals must be voluntary
One of the most important things for you to remember is that the plea deal must be voluntary, and it must be completely understood. When you go before the court regarding the agreement, the judge will ask specific questions to ensure that the deal meets all requirements.
The judge will have to determine if it’s permissible to accept the terms of the agreement. It’s possible that it will be rejected, which is common if there are changes that need to be made. One example of this is that a plea deal can’t circumvent a mandatory minimum sentence, so if that sentence term isn’t met, the court can reject it.
If the court rejects a plea deal, you’ll have the option of withdrawing the plea to renegotiate it or heading to trial. If you opt to go to trial, the fact that you were willing to enter into a plea deal can’t be used in your trial.
Another important consideration of a plea deal is that you can’t appeal it. Because of this, you must ensure that you fully understand the terms of the agreement. Working with someone familiar with criminal defense strategies may be beneficial since they can explain how it will affect your life.
