- Dorothy Naumann
- Indian River County, FL
A plea agreement is an arrangement between the state attorney’s office and a defendant in a criminal case in which the defendant agrees to enter a plea in exchange for a defined outcome. Plea agreements are governed by Florida Rule of Criminal Procedure 3.172 and must meet specific procedural requirements before a court will accept them.
Types of Pleas in Florida
Florida Rule of Criminal Procedure 3.170 recognizes three types of pleas in criminal cases:
- Guilty: The defendant admits to the charged offense.
- Not guilty: The defendant denies the charged offense, and the case proceeds toward trial.
- No contest (nolo contendere): The defendant does not admit guilt but accepts the penalty. A no-contest plea cannot be used as an admission of liability in a subsequent civil proceeding.
How Plea Agreements Are Reached
Plea negotiations occur between the defense and the state attorney’s office at any point after charges are filed. Negotiations may result in a charge reduction, an agreement on the sentence to be imposed, or both. The state attorney’s office has discretion over whether to offer a plea agreement and on what terms.
Alleged victims in a case are notified of plea negotiations under Florida’s Marsy’s Law (Article I, Section 16(b) of the Florida Constitution), which provides crime victims the right to be informed of and present at plea hearings.
The Plea Colloquy
Before accepting a plea, Florida Rule of Criminal Procedure 3.172 requires the court to conduct a plea colloquy — a direct examination of the defendant on the record. The court must determine that the defendant:
- Understands the nature of the charges and the maximum possible penalty
- Understands the rights being waived by entering a plea, including the right to trial, the right to confront witnesses, and the privilege against self-incrimination
- Is entering the plea voluntarily and free from coercion
- Understands the terms of any plea agreement
- If pleading guilty, there is a factual basis for the plea
The court is not bound by any plea agreement and may reject it. If the court rejects the agreement, the defendant may withdraw the plea.
Withdrawal of a Plea
Under Florida Rule of Criminal Procedure 3.170(f), a defendant may withdraw a plea at any time before sentencing with the court’s permission. After sentencing, withdrawal of a plea requires a motion under Florida Rule of Criminal Procedure 3.850 and is permitted only in limited circumstances, such as when the plea was entered involuntarily or based on ineffective assistance of counsel.
Consequences of a Plea
Entering a plea to a criminal charge in Florida carries the same legal consequences as a conviction at trial. These consequences may include incarceration, probation, fines, and collateral consequences such as loss of voting rights, restrictions on firearm possession, and potential immigration consequences for non-citizens.
Right to Legal Representation
Any person involved in plea negotiations or considering entering a plea in a Florida criminal case has the right to legal representation throughout the process.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone facing criminal charges and considering a plea in Indian River County or the Treasure Coast area may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.