The Plea for Freedom

Criminal cases often involve plea deals where a defendant receives a reduced sentence for pleading guilty to one or more crimes. Plea deals can be negotiated at any stage during the judicial process, and are typically used in criminal cases where the evidence of a defendant’s guilt is overwhelming. They allow for the swift resolution of criminal cases which can take months to resolve in court. Plea deals increase efficiency for court systems and reduce court costs, but they often make appeals for new trials and release more difficult for defendants who accept them.

Controversial Plea Deals

A plea deal is an agreement between the prosecutor and the defendant or defendant’s felony lawyer where the defendant agrees to plead guilty to receive a charge for a lesser offense or a reduced sentence for a crime. In many states, plea deals are controversial. The state’s attorney’s office often refuses to hear persuasive innocence claims and reexamine cases that involve plea deals. Prosecutors will often fight for years to prevent the introduction of any new evidence or reexamination of old evidence. When judges order new trials or grant writs of innocence, prosecutors often bargain for plea deals that would maintain guilty pleas and convictions to keep people incarcerated.

The Consequences of Plea Deals

When a defendant accepts a plea deal by pleading guilty or no contest to a crime, guilt is established and results in a criminal conviction. The conviction shows up on the defendant’s criminal record, and he/she will lose any rights and privileges that would normally be taken away by a trial conviction. In Alford pleas, a defendant is allowed to maintain his/her innocence for the record and usually given time-served arrangements. With these type of plea deals, a defendant may be granted his/her freedom, but gives up the right to clear his/her name.

Defendants frequently accept plea deals to get reduced sentences and avoid the expense and stress of a court trial. Plea deals do allow defendants some negotiating terms for their sentences before going to trial, but they also prevent the opportunity to be found not guilty for the alleged crime. Defendants who take plea deals waive opportunities to examine or challenge the evidence normally presented against them in a trial. Once plea deals are accepted, later appeals become difficult because the court considers them voluntary actions where defendants admit to their guilt for the crime.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.