Plea bargains are how the majority of criminal cases are resolved. But they aren’t always a “bargain” or even a compromise. In a NY Times editorial this week, they are classified instead as “coercion,” and the result of a powerful prosecutor against a frightened and often cornered defendant.
But what’s interesting about these plea agreements, is they often contain a clause preventing the defendant from appealing. Known as appeal waivers, these clauses rarely get attention outside of the courtrooms. But one judge is calling on the U.S. Court of Appeals to address the topic.
Federal court judge John Kane rejected a recent plea bargain between federal prosecutors and a defendant because the defendant waived his right to appeal. Judge Kane determined the case should go to trial so that the issue could be visited by the U.S. Court of Appeals.
In his decision, Kane wrote, “Indiscriminate acceptance of appellate waivers undermines the ability of appellate courts to ensure the constitutional validity of convictions and to maintain consistency and reasonableness in sentencing decisions.”
While the details of an appeals waiver depend on the case itself and what is written in the plea agreement, some has gone so far as to prevent an appeal even in cases where the prosecutor withheld evidence or where the defendant “becomes convinced that they received inadequate counsel to accept a defective plea where the sentence was not lighter.”
When you are charged with a crime and facing a serious sentence, the offer of a lighter sentence may be alluring, particularly when the prosecutor is trying to convince you that trial will certainly end in a conviction.
Plea agreements and their prevalence have taken over the justice system and put the power of the courts in the hands of prosecutors rather than judges.
The appeals process exists to ensure that defendants have had access to fair courts and that their rights have remain protected. If not, they appeal a conviction seeking relief. Without this option, there is no checks and balances in place to protect them.
When you are accused of a criminal offense, you will be approached with plea options. Your defense attorney is there to help you make sense of these options and choose the best one given your set of circumstances. Being pressured into a plea agreement is being pressured into relinquishing some of your rights, and should never be done without careful analysis.
If you are facing criminal charges and need a criminal defense attorney on your side, contact us today.
About David Matson