Understanding Blind Pleas in Criminal Cases
Hello, I’m Oklahoma City criminal defense attorney Gunnar Briscoe with Wirth Law Office, and I primarily handle criminal matters.
Something like 98% of all criminal cases end in a plea. There are two main types of pleas: a negotiated plea and a blind plea.
We’re often asked: What is a blind plea?
A blind plea is when you enter a plea directly to the judge, without any agreement with the State. Essentially, you are placing yourself at the mercy of the court. You present whatever mitigation, facts, or circumstances you have, and you ask the judge for a fair punishment.
The Mechanics of a Blind Plea
You can enter either a guilty or no contest plea. The State will then recommend a punishment, and we will request a punishment that we believe is fair and just, based on the facts of your case and any mitigating actions you’ve taken.
Mitigation can include things like:
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- Completing DUI or anger management classes,
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- Performing community service,
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- Paying restitution,
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- Or taking other positive steps after the offense.
The judge will then determine your punishment within the statutory range, which could be:
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- A deferred sentence,
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- A suspended sentence,
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- A fine,
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- Or, in felony cases, jail or prison time.
When to Consider a Blind Plea
Sometimes it’s a strategic move. If the prosecutor refuses to negotiate or offers an unreasonable punishment, your best option might be to take your case directly to the judge. Whether this makes sense depends on:
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- The judge assigned to your case,
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- The charge you’re facing,
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- The facts of your case, and
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- The mitigation you can present.
Important Tip
You should always attempt a negotiated plea first because it provides certainty—the court will generally accept the agreed-upon punishment. However, if negotiations fail, a blind plea might be worth considering. This is why having experienced legal representation is critical—to help you decide if it’s the right option.
Wirth Law Office is here to help with all your criminal matters. Thank you.
Get a Low-Cost Consultation
If you’re facing legal challenges, don’t hesitate to reach out. Call Oklahoma City felony defense attorney Gunner Briscoe at 405-888-5400 for a low-cost consultation and get the guidance you need.
