How Do Plea Bargains Work, and Should I Consider One?

If you have been charged with a crime in Colorado, you will probably hear the words “plea bargain” or “plea deal” long before anyone mentions a trial. That is no accident. Plea agreements are how the overwhelming majority of criminal cases end, and for many defendants a well-negotiated agreement is the best realistic outcome. But a plea bargain is also a guilty plea (or a no-contest plea), and its consequences can follow you for the rest of your life.

This guide explains how plea bargains work in Colorado courts, the kinds of deals you may be offered, what happens at each step, and the questions you should answer before you decide. It reflects more than 42 years of Colorado criminal defense experience, including 13 years as a career prosecutor in Arapahoe and Douglas Counties, so it looks at plea negotiations from both sides of the table.

THE SHORT ANSWER

A plea bargain is a negotiated agreement in which you plead guilty (or no contest) and the district attorney gives something in return: reduced charges, dismissed counts, a sentencing recommendation, or a deferred judgment. Whether you should consider one depends on the strength of the evidence, your sentencing exposure, and consequences that go well beyond the sentence itself.

No one should accept or reject an offer before an experienced Colorado criminal defense lawyer has evaluated the case.

In This Article

1. What Is a Plea Bargain in Colorado?
2. Why Most Criminal Cases End in a Plea
3. Common Types of Plea Bargains
4. How the Plea Bargaining Process Works, Step by Step
5. Guilty, No Contest, and Alford Pleas
6. Deferred Judgment and Sentence: A Plea Bargain With a Second Chance
7. Should You Consider a Plea Bargain? Six Factors to Weigh
8. Consequences That Go Beyond the Sentence
9. Can You Take Back a Plea After You Accept It?
10. Your Right to Effective Counsel During Plea Negotiations
11. Five Common Plea Bargain Mistakes
12. Eight Questions to Ask Your Lawyer Before You Accept
13. Frequently Asked Questions About Plea Bargains in Colorado

What Is a Plea Bargain in Colorado?

A plea bargain (also called a plea agreement or plea deal) is a negotiated resolution of a criminal case. The defendant agrees to plead guilty or no contest, giving up the right to a trial, and the prosecutor agrees to something in return. That “something” is the bargain.

Colorado law expressly allows this. Under C.R.S. § 16-7-301 and Colorado Rule of Criminal Procedure 11(f), the district attorney may engage in plea discussions when doing so serves the effective administration of criminal justice. Those discussions are supposed to take place through defense counsel unless the defendant is unrepresented. The statute and rule also provide that defendants in similar situations should receive similar opportunities for plea agreements. The Colorado Supreme Court has treated plea bargaining as an accepted and unavoidable part of the judicial process (see People v. Darlington).

Two points are worth understanding from the start:

• A plea agreement is between you and the prosecutor, not the judge. The judge is not bound by the deal and must exercise independent judgment about whether to accept it.
• It is not free. You waive important rights, and unless you receive a deferred judgment, the result is a permanent conviction.

Why Most Criminal Cases End in a Plea

Trials are the exception. In federal court, a Pew Research Center analysis found that in fiscal year 2018 about 90% of defendants pleaded guilty, 8% had their cases dismissed, and only 2% went to trial. The Equal Justice Initiative, summarizing the U.S. Supreme Court’s reasoning in Missouri v. Frye and Lafler v. Cooper, reports that well over 90% of federal and state convictions result from guilty pleas.

Colorado follows the same pattern. State estimates reported in 2022 showed that from 2017 to 2021, 64,036 Colorado criminal cases ended in guilty pleas to class 1 or 2 misdemeanors alone.

Why? Prosecutors want certainty and manageable caseloads. Defendants want to limit risk, because a conviction after trial can mean a harsher sentence than the offer on the table. Critics, including the National Association of Criminal Defense Lawyers, call that gap the “trial penalty,” as Pew notes.

None of this means pleading guilty is usually the right call. It means that how a case is negotiated is often as important as how it would be tried. A plea should be the product of careful evaluation, not of fear or fatigue.

Common Types of Plea Bargains

Depending on the facts, the district attorney may agree to several kinds of concessions. Most Colorado plea agreements fall into one or more of these categories:

Many agreements combine more than one of these. If you are charged with a drug offense, note that Colorado law bars a plea agreement from requiring you to give up the right to petition to seal your records after a plea to an offense under article 18 of title 18 (C.R.S. § 16-7-301). See our page on Colorado drug crime defense for more.

How the Plea Bargaining Process Works, Step by Step

1. Charges are filed and the evidence is reviewed. Before any meaningful negotiation, your lawyer should study the charging document, police reports, body-camera and lab evidence, and the other discovery. Offers made from an informed position are better offers.
2. Defense issues are evaluated. An illegal stop or search, a statement taken in violation of your rights, unreliable witnesses, or weak forensic evidence all affect leverage and may justify a motion before any deal is considered.
3. Negotiation. Defense counsel and the district attorney discuss a resolution. Judges generally stay out of the bargaining itself, although the parties may tell the court about a tentative agreement. Experience on both sides of the courtroom helps counsel anticipate how a prosecutor evaluates the case.
4. You review the offer, and the decision is yours. Under Colorado Rule of Professional Conduct 1.2(a), the plea decision belongs to the client after consultation with counsel. Defense counsel must also communicate formal plea offers (see Missouri v. Frye).
5. The written agreement and Rule 11 advisement. Rule 11 requires the judge to make sure the plea is voluntary and that you understand what you are giving up. Some courts require the written agreement and advisement to be tendered before the hearing (for example, this El Paso County division’s criminal case management order).
6. The judge decides whether to accept. The judge is not bound by the agreement. Colorado courts must exercise sound judicial discretion when rejecting a negotiated plea (People v. Darlington). If a court declines to accept an agreement, the defendant should be allowed to withdraw the plea.
7. Sentencing. If the agreement does not fix the sentence, the court holds a sentencing hearing, often after a presentence investigation. Depending on the offense, sentences can include probation, community corrections, jail, or prison.

WATCH THE CALENDAR

Courts can set plea deadlines. In People v. Jasper, the Colorado Supreme Court held that a trial court may enforce a plea cutoff date when the parties had notice and showed no good cause for missing it. Some divisions refuse plea agreements on the morning of trial; the El Paso County division order linked above requires counsel to report an agreement by noon the day before trial. Ask your lawyer immediately what deadlines apply in your courtroom.

Guilty, No Contest, and Alford Pleas

• Guilty plea. You admit the offense, and the court must find a factual basis for it.
• No contest (nolo contendere). You do not formally admit guilt, but the court can still convict and sentence you. A no-contest plea generally carries many of the same consequences as a guilty plea, so ask your lawyer how it will be treated for your specific purposes, including in any related civil case.
• Alford plea. In North Carolina v. Alford, the U.S. Supreme Court held that a court may accept a guilty plea from a defendant who maintains his innocence, if he intelligently concludes that the plea is in his interest and the record strongly shows guilt. Whether this type of plea is available in your case depends on the prosecutor and the court.

Deferred Judgment and Sentence: A Plea Bargain With a Second Chance

One of the most valuable agreements in Colorado is the deferred judgment and sentence under C.R.S. § 18-1.3-102. You plead guilty, but the court does not enter judgment or impose a sentence. Instead you agree to follow conditions for a set period. If you succeed, the plea is withdrawn and the charge is dismissed with prejudice.

Key points to understand:

• It requires agreement. The defendant and the district attorney stipulate to the deferral, and the court must approve it.
• The stipulation spells out the consequences of a violation. If you breach a condition, the court generally must enter judgment and impose sentence on your guilty plea, with a limited exception for certain drug offenses under article 18 of title 18, where the court may continue the deferral after making specific findings.
• You waive speedy trial rights. Signing a deferred judgment stipulation waives the statutory right to a speedy trial.
• The district attorney or a probation officer can seek revocation during the deferral period or within 35 days after it ends.
• The period can be extended. The Colorado Supreme Court has held that a court may extend a deferred judgment for legitimate reasons, as long as the total period generally does not exceed four years (People v. Carrera).

After a successful deferred judgment, the case is dismissed. Under C.R.S. § 24-72-705, when a deferred judgment is completed and all counts are dismissed, the court is generally required to seal the records on its own motion. Not every case qualifies: certain offenses, including some involving unlawful sexual behavior, are excluded. The Colorado Judicial Branch’s guide to sealing non-conviction records explains the process, and its sealing overview notes that sealing a conviction does not vacate it.

Because a deferred judgment depends on strict compliance, one violation can turn a “no conviction” result into a conviction and sentence. If you are accused of violating terms, read about defending probation violations and speak with a lawyer right away.

Should You Consider a Plea Bargain? Six Factors to Weigh

1. How strong is the evidence?

If the prosecution’s case has real problems, such as an unlawful search, a shaky identification, unreliable testing, or credibility issues, your leverage grows, and the right move may be to litigate before deciding. When the evidence is strong, a favorable agreement can be wiser than the risk of trial.

2. What is your exposure compared with the offer?

Compare the realistic sentence after conviction at trial with the offer. Felony sentencing in Colorado is driven by offense class. For example, the presumptive range for a class 3 felony is 4 to 12 years in prison, according to a Colorado legislative overview of C.R.S. § 18-1.3-401, and special sentencing categories such as crimes of violence can raise that range. A plea that reduces a felony to a misdemeanor, or secures probation, can change your exposure dramatically.

3. What are the consequences beyond the sentence?

Immigration status, firearm rights, professional licenses, employment, housing, and family-court matters can matter more than the sentence itself. We cover these in the next section.

4. What will your record look like?

A conviction, a deferred judgment that is later dismissed, and a dismissal outright are very different results. Ask whether the agreement preserves your ability to seal the record later.

5. What does the calendar say?

Offers can expire, and courts can set cutoffs. Rushing is a mistake, but so is waiting until the last day.

6. What do you want?

Some clients value certainty and speed. Others will not accept any conviction and choose to fight. That choice is yours, and a good lawyer will respect it while making sure you understand the risks on each path.

A good plea agreement is not a surrender. It is usually the result of preparation: a case that has been investigated, tested, and made ready for trial.

Consequences That Go Beyond the Sentence

A plea can affect your life in ways the judge never mentions. Depending on the offense, consider:

• Immigration. In Padilla v. Kentucky, the U.S. Supreme Court held that defense counsel must advise a noncitizen client whether a plea carries a risk of deportation. Colorado courts recognized a related duty earlier (see this law review analysis of People v. Pozo). Colorado has also created a limited process for certain noncitizens who pleaded guilty to class 1 or 2 misdemeanors or municipal offenses before March 1, 2022 to seek to withdraw the plea if they were not adequately advised; see the court’s form JDF 675. If you are not a U.S. citizen, tell your lawyer at the first meeting and consider consulting an immigration attorney before you plead.
• Firearm rights. Federal law, 18 U.S.C. § 922(g), bars firearm possession by people convicted of a felony (a crime punishable by more than one year) or of a misdemeanor crime of domestic violence, and state law may add its own restrictions. See our page on domestic violence defense.
• Professional licenses and employment. Many licensing boards and employers review criminal history, and some convictions can end a career.
• Housing, education, and background checks. A conviction can appear on screenings for years.
• Family court. Convictions involving violence or substance use can affect parenting-time and custody disputes.
• Future cases. A prior conviction can increase penalties if you are charged again.

Can You Take Back a Plea After You Accept It?

Rarely, and the window closes quickly.

• Before sentencing. Under Crim. P. 32(d), a defendant may ask to withdraw a plea before sentence is imposed, but there is no automatic right. Colorado courts have required the defendant to show a “fair and just reason” for withdrawal. The Colorado Supreme Court has also held that Rule 32(d) does not allow withdrawal of a plea that was already withdrawn after a successful deferred judgment (People v. Flores-Heredia).
• After sentencing. Relief is narrower and usually requires a postconviction motion, such as a claim that counsel’s performance was constitutionally deficient.
• If the prosecutor breaks the deal. In Santobello v. New York, the U.S. Supreme Court held that promises that induce a guilty plea must be honored, and a breach requires either specific performance (such as resentencing before a different judge) or the chance to withdraw the plea.

Your Right to Effective Counsel During Plea Negotiations

The Sixth Amendment right to a lawyer does not stop at the courtroom door. In Missouri v. Frye and Lafler v. Cooper, the U.S. Supreme Court held that defendants are entitled to effective assistance during plea bargaining, including having formal offers communicated and receiving competent advice about whether to accept or reject them. The American Bar Association’s summary describes how those decisions treat remedies when counsel falls short. In short: you are entitled to a lawyer who evaluates the case, tells you about every offer, and explains your realistic options in plain language.

Five Common Plea Bargain Mistakes

• Accepting the first offer before the evidence has been reviewed.
• Assuming a misdemeanor is “no big deal.” Even low-level convictions can carry immigration, licensing, and employment consequences.
• Negotiating without a lawyer. The statute contemplates plea discussions through counsel for good reason. Anything you say to an investigator or prosecutor can be used against you.
• Waiting for the morning of trial. Courts may refuse late agreements.
• Treating a deferred judgment as risk-free. A single violation can result in conviction and sentence.

Eight Questions to Ask Your Lawyer Before You Accept

1. What is the worst-case sentence if I go to trial and lose, and what is the likely sentence?
2. What evidence is strongest against me, and what defenses or motions do we have?
3. Does the offer fix the sentence, or does the judge decide it?
4. Will I have a conviction, or is this a deferred judgment?
5. What are the immigration, firearm, licensing, and employment consequences?
6. Can my record be sealed later, and when?
7. When does the offer expire, and what court deadlines apply?
8. If I reject this offer, could a better one still be available, or a worse one come next?

Frequently Asked Questions About Plea Bargains in Colorado

Is a plea bargain the same as pleading guilty?

Not exactly. The plea bargain is the agreement with the prosecutor. The guilty or no-contest plea is what you then enter in court, and the judge must accept it.

Will the judge always accept the deal?

No. The judge must exercise independent judgment, and the agreement is between the defendant and the prosecutor only. Courts should have good reason to reject an agreement, but they are allowed to do so.

Can I negotiate a plea without a lawyer?

In limited situations the law allows unrepresented defendants to talk with prosecutors. It is risky: you may miss defenses, immigration and licensing consequences, and better options.

How long do I have to decide?

It depends on the prosecutor and the court. Offers can expire, and some courts set plea cutoff dates before trial. Ask your lawyer on day one.

What happens if I violate a deferred judgment?

The court generally must enter judgment and impose sentence on your guilty plea, subject to limited exceptions for certain drug offenses. See C.R.S. § 18-1.3-102.

Does a guilty plea limit my right to appeal?

Generally, yes. A guilty plea waives many trial-related rights and narrows what can be challenged later, which is why the decision should be made with full information.

Talk to a Denver Criminal Defense Lawyer Before You Decide

Whether you are weighing an offer today or have just been charged, the choices you make early can shape the outcome. H. Michael Steinberg has handled Colorado criminal cases for more than 42 years, including 13 years as a career prosecutor in Arapahoe and Douglas Counties, and offers a free consultation.

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Authorities and Sources Cited

STATUTES AND RULES

• C.R.S. § 16-7-301 — Propriety of plea discussions and plea agreements
• Colo. Crim. P. 11 — Pleas (including Rule 11(f))
• C.R.S. § 18-1.3-102 — Deferred sentencing of defendant
• C.R.S. § 18-1.3-401 — Felonies classified; presumptive penalties
• C.R.S. § 24-72-705 — Sealing of criminal justice records other than convictions
• 18 U.S.C. § 922 — Unlawful acts (firearms), including subsection (g)
• Colorado Overview of Sentencing Scheme (Legislative Council staff)
• Colo. RPC 1.2 — Scope of representation and allocation of authority

COLORADO CASES

• People v. Darlington (Colo. 2004), No. 04SA186
• People v. Jasper, 17 P.3d 807 (Colo. 2001)
• People v. Carrera (Colo.) — extending deferred judgments
• People v. Flores-Heredia (Colo.) — Crim. P. 32(d)
• Colorado Court of Appeals decision on the “fair and just reason” standard, Crim. P. 32(d)

U.S. SUPREME COURT

• Padilla v. Kentucky, 559 U.S. 356 (2010)
• Santobello v. New York, 404 U.S. 257 (1971)
• North Carolina v. Alford, 400 U.S. 25 (1970)
• Missouri v. Frye, No. 10-444 (2012) — opinion
• Lafler v. Cooper, No. 10-209 (2012) — opinion
• Missouri v. Frye and Lafler v. Cooper (2012) — EJI summary
• Missouri v. Frye and Lafler v. Cooper (2012) — ABA summary

DATA, FORMS, AND COMMENTARY

• Pew Research Center: Only 2% of federal criminal defendants go to trial
• Colorado Politics: Senate bill on immigration consequences of guilty pleas (2022)
• Colorado Judicial Branch: Guide to sealing non-conviction records (JDF 491)
• Colorado Judicial Branch: Sealing criminal records overview
• Colorado Judicial Branch: Motion to withdraw guilty plea (JDF 675)
• El Paso County District Court, Division 2: Criminal Case Management Order
• Colorado Law Review: Pozo and immigration advisement in plea agreements

Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and court practices change, and every case is different. Consult a licensed Colorado criminal defense attorney about your specific situation. Please do not send confidential information through the website contact form, text message, or voicemail. Last reviewed October 14, 2026. Full site disclaimer.