How do plea bargains work in an Oklahoma sex crimes case?

A Tulsa Sex Crimes Defense Lawyer Shares What to Consider Before Accepting a Plea Bargain

If you’re a fan of TV legal dramas, you might be under the impression that every case is decided in front of a judge and jury. In reality, however, most criminal cases never go to trial in court. Instead, the prosecutor and the defendant try to work out a plea deal.

If you’re facing Oklahoma sex crimes charges, you need an experienced Tulsa sex crimes lawyer who understands how to effectively negotiate a plea—and when to take a case to trial. You need Berlin Defense. As a foster felony prosecutor in the Tulsa DA’s office, you can be assured that I’ll put my insider knowledge to work to provide the personalized and meticulously crafted criminal defense you deserve.

What Is a Plea Bargain?

A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement between the defendant (you) and the prosecutor. When you accept a plea bargain, you agree to plead guilty to a specific charge or set of charges in exchange for certain concessions from the prosecution. These concessions may include:

Reduced charges. The prosecutor may agree to reduce the severity of the charges against you. In some cases, felony charges may even be dropped to misdemeanors.

Sentence recommendations. The prosecutor may agree to recommend a more lenient sentence or sentencing range to the judge.

Dismissal of additional charges. If you're facing multiple charges, the prosecutor may agree to dismiss some of the charges in exchange for your guilty plea to others.

Avoiding mandatory minimum sentences. In some cases, a plea bargain may allow you to avoid mandatory minimum sentences that would otherwise apply if you were convicted at trial.

Keep in mind that you do not have a constitutional right to a plea bargain in Oklahoma. The decision to offer a plea bargain lies solely with the prosecutor. The judge assigned to your case also has the authority to accept or reject the agreement.

How Plea Bargains Work in Oklahoma

In Oklahoma, plea bargains can be initiated at various stages of a criminal proceeding. Here's a brief explanation of how plea bargains typically work in a sex crimes case.

The prosecutor makes an initial plea offer to the defendant, outlining what charges they are willing to reduce or dismiss in exchange for a guilty plea.

The defendant's attorney reviews the offer and advises the client on whether it's a good deal or not based on the evidence, potential sentences, and the client's goals.

If the defendant agrees to the terms, a hearing is scheduled where they enter their guilty plea in court and officially accept the plea bargain arrangement.

At sentencing, the judge typically accepts the negotiated sentencing terms of the plea deal, though they have the discretion to reject it.

If you accept a plea bargain in your sex crimes case, it must meet two requirements to be approved by a judge:

You must understand the charges against you and the consequences of pleading guilty. Your decision to waive your right to a trial must be made voluntarily, without coercion or threats.

There has to be a factual basis for the charges. There must be sufficient evidence to support the charges against you, even if you're pleading guilty to reduced charges.

Why Choose Us?

The consequences of a sex crime or domestic violence conviction are significant and far-reaching, including potential imprisonment, reputational damage, career loss, strained family relationships, and even the forfeiture of firearm rights. Given the gravity of these circumstances, selecting the right legal representation becomes one of the most crucial decisions you will ever make. It is imperative to choose an attorney with extensive experience and deep insights into the complexities of criminal law.

That attorney is Lee Berlin, a distinguished private criminal defense attorney in Oklahoma, focusing exclusively on defending clients accused of sex crimes and domestic violence.

When you entrust your case to Berlin Defense, you can expect the following:

Experience on Both Sides of The Aisle: Prior to his career as a criminal defense attorney, Lee served as a prosecutor, providing him with an invaluable understanding of prosecutorial strategies. He possesses keen insights into how cases are charged, and prosecuted, and the types of evidence and theories presented. Leveraging this extensive insider knowledge, Lee skillfully advocates for your defense.

Dedicated Time and Attention: Lee's commitment to excellence means he does not take on every case that comes his way. By selectively accepting clients, he ensures that each case receives the meticulous attention it deserves. Lee is personally involved in every case and is supported by a devoted team, guaranteeing the highest level of legal representation.

The Berlin Defense System: Lee has developed a unique defense system, the Berlin Defense System, through over two decades of defending clients facing sex crimes, domestic violence, and other serious crimes. This proprietary system is tailored to the specifics of each case, consistently delivering successful results.

Criminal charges have the potential to upend your life, often involving sensitive and uncomfortable issues. At Berlin Law Firm, we prioritize safeguarding your privacy and dignity throughout the legal process. Our unwavering commitment is to provide you with personalized and meticulously crafted criminal defense, ensuring you receive the comprehensive protection you deserve, all in a judgement free zone.

Benefits of Accepting a Plea Bargain

If you are facing Tulsa sex crimes charges, plea bargains can be beneficial because they avoid the risks and uncertainties of a trial. They also bring about a quicker resolution to your cause, which can alleviate some of the stress and anxiety that accompanies facing such serious criminal charges.

Plea bargains often result in a more lenient sentence than what you might receive if convicted at trial. However, this depends on the specific charges you’re facing and the strength of the evidence against you.

Potential Drawbacks of a Plea Bargain

The most important thing to remember before accepting a plea bargain is that you are pleading guilty to a crime. If you maintain your innocence and subsequently accept a plea bargain, it can damage your credibility and public reputation. You may also have to face the stigma of being required to register as a sex offender.

A plea bargain can also present problems if you are later arrested for a different crime. A plea bargain conviction, even when it’s for a reduced charge, can still be used as a prior conviction if you face future criminal charges. Oklahoma’s Three Strikes Law, officially known as the “Oklahoma Habitual Offender Enhancement Act” (Okla. Stat. tit.21§51.1), comes into play for anyone facing a felony conviction in Oklahoma who has already had two prior felony convictions within 10 years. Under this law, anyone convicted of three violent felonies within a decade will be sentenced to life imprisonment without the possibility of parole.

How Our Tulsa Criminal Defense Firm Can Help

At Berlin Defense, we defend our clients without judgment. We understand that good people can sometimes make serious mistakes and that the stakes of a sex crimes charge can put everything you’ve worked to achieve at risk.

We will ensure that your rights are protected throughout the plea bargaining process and that any agreement offered is in your best interests. If you want to go to trial, we’ll evaluate the strength of the prosecution's case against you and advise you on the potential benefits or drawbacks of this decision. Check out our case results and client testimonials to learn more about how we’ve helped our clients find the right way to move forward.