In West Virginia, there are thousands of criminal cases that wind through magistrate court, circuit court and the West Virginia Supreme Courts.
I would estimate that over 90% of these matters, at the lower court levels, are resolved by plea agreements, also known as plea deals. Once approved by the court, these plea agreements are legally binding contracts where a prosecutor, defense attorney and the defendant lay out proposed terms and conditions to resolve a case.
Many times that will involve the dismissal of various counts or charges and a recommendation by the prosecutor and/or defense counsel for sentencing. Often people will ask why defendants are allowed to have these plea deals. In fact, it is very bothersome for some to see the pleas occur.
Without plea agreements, the entire justice system would come to a screeching halt. It would be impossible to present every case to a jury and there is never a guarantee that a conviction will result. Plea agreements bring closure to cases and greatly limit appeal options of defendants. If the case were to go to trial, the state must prove its case beyond a reasonable doubt to each and every juror. Beyond a reasonable doubt is the highest burden of proof in the law.
Defendants are presumed innocent until proven guilty and are not required to present any evidence in their defense. Some cases have great evidence and witnesses, and others have minimal evidence and very shaky witnesses.
A prosecutor will look at all of the facts and circumstances in a case, consult with the victim and investigating officer, consider a defendant’s criminal history, and propose a “plea offer.”
Defendants can accept, reject or counter offer these initial offers. Prior to this, defense attorneys can also propose plea offers. If an agreement is reached, the parties present the proposed plea agreement to the court for consideration, and the court will decide if the plea agreement is in the interests of justice.
If the court accepts the plea agreement, it is important for the parties to abide by the terms and conditions laid out in the agreement. Any future variance in the terms and conditions could be the basis for voiding the agreement. During the plea hearing, defendants can outright admit their guilt or sometimes enter “no contest” pleas where the prosecutor will lay out the facts they would present at trial.
While I have tried approximately 70 jury trials, and hundreds of bench trials, I have also been part of many plea hearings. There was such an influx of criminal cases in Kanawha County, at times we would have 6+ persons entering pleas at one time.
We actually placed extra defendants in the jury box during these times. The Judge would methodically go through a plea colloquy covering each and every right each defendant was giving up by entering a plea, such as: the right to a trial by jury, the right to confront witnesses, and the right to testify.
A typical plea hearing lasts about 45 minutes. One day at arraignment (the initial hearing after indictment), we had 15 felony pleas throughout the day. By the end of the day the judge was hoarse from saying the plea colloquy so many times. Keep all of this in mind the next time you see news reports regarding plea agreements and wonder why the case is not being tried.
