Legal Question in Criminal Law in Kentucky
Plea Bargins
My son is in jail on Federal drug charges I would like to know the difference between a binding plea and a blind plea.
Asked on 9/14/05, 10:38 am
1 Answer from Attorneys
E. Brian Davis
Davis Law Office
Re: Plea Bargains
A "binding plea" is a plea in which the prosecution and the defense agree on something, usually the sentence, and the judge is bound to follow the agreement OR allow the defendant to withdraw his plea. "Binding pleas" are fairly rare in most federal courts (due to Dept. of Justice and USAO policies).
A "blind plea" is a plea in which the defense has no agreement with the prosecution and simply pleads guilty. Such pleas are used when the defense thinks they can get a better sentence from the judge than the prosecution is willing to agree to.
Answered on 9/14/05, 5:31 pm
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