What Is a Blind Plea In Oklahoma Criminal Defense Cases And Reasons For Doing It

A blind plea in Oklahoma is very serious and it requires a strong understanding of what it is and the consequences at hand. In the complex landscape of criminal defense law, defendants facing charges are often presented with various legal strategies and options. One such strategy that may be employed in certain circumstances is known as a “blind plea.” When your criminal defense attorney considers presenting you with the option of making a blind plea, there are reasons for taking this approach and certain risks associated with the plea.

Defining a Blind Plea in Oklahoma

There are several options for a plea deal in a criminal case. A blind plea in Oklahoma, also referred to as plea deal, occurs when a defendant pleads guilty to criminal charges. You can blind plea both a felony charge and a misdemeanor. In some circumstances, this happens because the prosecutor is making an offer to settle the case that the defense attorney thinks is unreasonable. This is Unlike a negotiated plea, where the defendant and the prosecutor agree on the plea deal. In a blind plea both sides agree on guilt but leave the sentencing to the Judge. Your attorney will argue mitigation to the judge. This argument is in the hopes for sympathetic sentencing from the Judge.

Reasons for Choosing a Blind Plea

Several factors are under consideration by the criminal defense attorney and a defendant’s decision to make a blind plea to the Court:

1. Lack of Strong Negotiating Position: If the prosecution is unwilling to offer a favorable plea agreement, or if the defendant believes that the proposal of the terms are unacceptable, they may opt for a blind plea as a way to avoid the risk of receiving a harsher sentence if the case goes to trial and they are found guilty. When the deal stinks and the evidence is overwhelming, if you have a favorable judge a blind plea makes sense.
2. Acceptance of Responsibility: Some defendants may choose a blind plea as a way to demonstrate remorse and take responsibility for their actions. By pleading guilty or no contest without the benefit of a plea agreement, they may hope to receive a more lenient sentence from the judge.
3. Maintaining Integrity: In cases where a defendant maintains their innocence but lacks confidence in their ability to prevail at trial, they may choose to enter a blind plea rather than accept a plea agreement that requires them to admit guilt. They may simply want to plead no contest but the prosecutor wont agree and demands a guilty plea. The truth here is that in Tulsa County most judges wont accept a blind plea on the basis of a no contest plea but require the defendant to plead guilty. I think this makes sense given that by doing a blind plea you are asking the Court to give you more than what the prosecutor is asking for. The best way to get the Judge in your corner is to show true contrition and this isn’t really done with a no contest plea.

Risks of Pursuing a Blind Plea in Oklahoma

While a blind plea can offer certain advantages, it also carries significant risks:

1. Unknown Outcome: One of the primary risks of a blind plea is the uncertainty surrounding the sentencing outcome. Without a negotiated plea agreement in place, the defendant relinquishes control over the terms of their sentence, leaving it entirely up to the judge’s discretion.
2. Potentially Harsher Sentence: Without the benefit of a negotiated plea agreement, defendants who opt for a blind plea may receive a sentence that is more severe than what they might have obtained through negotiation. The judge has the authority to impose the maximum allowable sentence for the charges.
3. Limited Ability to Appeal: In some cases, defendants who enter a blind plea may have limited grounds for appealing. This is because they have voluntarily waived their right to challenge the outcome of the proceedings. The limited lanes for appeal may limit to the range of sentencing not your actual plea of guilty.

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Criminal Defense Attorneys In Your Corner

In conclusion, a blind plea represents a strategic legal maneuver that defendants may choose to pursue in certain circumstances. While it offers advantages its not without risk. Its used when the prosecutor is making a bad offer or the facts are just bad. As criminal defense attorneys in Tulsa Oklahoma our law firm has involvement in a wide range of criminal defense cases involving a all sorts of different charges and facts. Call the Tulsa criminal lawyers at Kania Law Office and get a free consultation about your charges. 918.743.2233 or click here to ask a free on line criminal defense question.