Legal Question in Criminal Law in Colorado

Mentioning plea bargains and sentences during a trial

If a witness mentions that a defendant turned down many plea bargains during the course of his case, or mentions that his sentence would be life in prison, what happens?

Someone recently told me you can't mention either of those things during a trial, but I can't see why not and I've never been warned against it (by the lawyers). Shouldn't a jury know they could possibly send a men to prison for the rest of his life? If I were on a jury, I would want to know what the sentence would be.

My question is, is it illegal to mention the possible sentence and/or plea bargain refusals?

Thanks!

Jo


Asked on 11/09/05, 9:18 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Mentioning plea bargains and sentences during a trial

The courts say it is irrelevant to whether person is guilty or not. Personally, I think the sentence should be mentioned, but I do not have a black robe. Same can be said for turning down a plea bargain (although, that may suggest that he is not guilty).

On the other hand, if I were the lawyer, I would discuss during jury selection whether the burden of proof is different on a death penalty case versus a DUI. The burden of proof should always be the same and extraordinarily high. If it is not proven beyond a reasonable doubt, regardless of sentence, the person should be found not guilty.

Read more
Answered on 11/09/05, 4:45 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado