What is a Blind Plea?

More often than not, in a criminal case, a defense attorney and the prosecutor are able to negotiate a plea offer that at least somewhat satisfies both sides.  However, sometimes, the prosecutor may not be willing to reduce a sentence to the defendant’s satisfaction.  If this occurs, it may make sense to take your case to trial.  Another lessor known option is a non-negotiated or “blind” plea. 

A blind plea entails going in front of the judge and having your attorney present the facts involved in your case, as well as your prior history and any other relevant information.   As part of a blind plea, your attorney will ask the judge to sentence you rather than to accept the offer recommended by the prosecutor. 

If your attorney can show that the offer made by the prosecutor is overly harsh or contains terms of probation that you are unable to meet for whatever reason, a blind plea may be the way to go.  Of course, in any situation, the judge is the final determiner of the type of sentence a person can receive, but it’s quite possible that the judge will be more lenient than the prosecutor.  

Keep in mind, however, when you enter any plea, including a blind plea, you’re indicating to the court that you believe there’s sufficient evidence to prove your guilt.  Thus, it’s also possible that the judge may agree with the prosecutor’s sentence recommendation or even give you a harsher sentence.  A good defense attorney will know what the judge would normally do in this situation and will be able to guide you as to what makes sense in your case.

Don’t go to court alone, and don’t enter a plea without discussing all the facts and repercussions that entering a plea, negotiated or otherwise, can have on your life. Talk to an experienced criminal attorney first.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.