Legal Risks and Considerations of Blind Pleas in Oklahoma
Does a prosecutor have to allow a blind plea? I’m Tulsa attorney James Wirth. That’s the question that we have. So we’re talking about a criminal case in the state of Oklahoma. Normally, you get the formal charges, you get the discovery, you do the legal research, you negotiate with the prosecutor, and see if a reasonable plea deal can be worked out or an agreement to dismiss the case, whatever the case is.
So when it’s a blind plea, that means that you’re pleading guilty or no contest or making an offered plea. In any case, allowing yourself to be found guilty without the benefit of a plea agreement in place, then it goes to the judge. The judge can sentence you anywhere within the range of punishment for that crime.
Prosecutor’s Role in a Blind Plea
The question that we have is, if you’re looking for a blind plea, does the state, the prosecutor have to agree to it? The answer is no. They would have to agree if it’s a plea deal. If it’s not a plea deal, you’re cutting them out completely, going straight to the judge, entering a plea of guilty, requesting that the judge sentence you.
Now, the prosecutor’s gonna be able to argue sentencing, just like the defense is gonna be arguing sentences, but ultimately, the state cannot prevent you from entering a guilty plea and doing a blind plea, and it is ultimately up to the judge to make the determination of what the sentence is gonna be at that point.
Consult with an Attorney Before Making a Decision
If you’re dealing with that circumstance, though, there’s usually a lot of things you wanna look into before you try to do the risky move of a blind plea. You’re gonna wanna talk to an Tulsa criminal defense attorney about that privately and confidentially.
Call for a Low-Cost Initial Strategy Session
For a low-cost initial strategy session, contact Wirth Law Office at 918-879-1681or you can go online at makelawyeasy.com. We’re here to help you navigate your legal options and make informed decisions in your case.
