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.

What should I do before I enter a plea?

When a client seeking criminal defense representation comes into my office for the first time, we sit down and discuss his/her case, the facts, prior record, as applicable, and what they should do next. I typically recommend that before we see a judge or a prosecutor, it’s a good idea to proactively complete activities such as community service, alcohol and drug evaluation and testing or a driver’s safety course.   

“Why?” I’m often asked “If the court hasn’t ordered me to do anything, why do it now?”

Two very good reasons:         

                                  

1.    Generally, the time between your arrest and the time your case is heard in State or Superior Court can take up to a year or more.  It’s in your best interest to use that time to minimize your damages. Performing community service, taking a Driver’s safety course, drug or alcohol therapy may have a positive effect on your sentencing. Performing anticipated sentencing requirements can help show the court you are serious about rehabilitation and in turn, the prosecutor or judge may be easier on you come sentencing time. Of course, there is no guarantee that taking these preemptive steps will change anything, especially if the facts of your case or your prior criminal history are too extreme to ignore, but an experienced attorney can help you anticipate those possibilities.

 2.    Every Community Service hour, counseling course and driver safety class you complete prior to sentencing can reduce or eliminate the need for probation. Probation is not only another aspect of punishment, but what most people don’t realize is that it also costs money. In Fulton County, for example, a year of probation runs at least $600. Tack that on to whatever you are paying for rehabilitation classes, court fines and fees, increases to car insurance – and it really adds up.

If you’re facing charges, consult a knowledgeable criminal defense lawyer to help minimize the damages and save yourself some money in the long run.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.