Plea Bargain

The Plea Bargain – Fundamental To The Criminal Justice System

A Plea bargain is a fundamental aspect of the criminal justice system in the United States, including within the state of Colorado. It involves an agreement between the defendant and the prosecution where the defendant agrees to plead guilty or no contest to a charge or charges in exchange for some form of concession from the prosecutor.

The Plea bargain is used for many criminal cases such as DUI, Sexual Assault, Domestic Violence, Murder, Assault, Misdemeanors, and Felonies.

A plea bargain might include a reduction in the severity of the charges, a recommendation for a lighter sentence, or the dismissal of some charges. Plea bargains are used to resolve a significant majority of criminal cases, as they provide a means for the judicial system to manage caseloads and for defendants to avoid the uncertainty and severity of potential sentences following a trial verdict.

Is A Plea Bargain Right For Your Case?

Only an experienced Colorado Springs criminal attorney can determine if a plea bargain is right for your case. The lawyers an The Kohn Law Firm have many tactics and strategies to win cases, and plea bargains are just one important tool in our legal toolbox. Give us a call and reserve a Free Case Review to learn how we can help you.

Legal Framework and Considerations For A Plea Bargain

In Colorado, as in other states, the legal framework governing plea bargaining is defined by both statutory laws and court rules. The Colorado Rules of Criminal Procedure, particularly Rule 11, outline the formal requirements for plea bargains, including ensuring that plea bargains are entered into voluntarily and with a full understanding of the consequences.

The court must also determine that there is a factual basis for the plea, meaning that there is evidence to support the conviction.

For criminal lawyers in Colorado, understanding the nuances of plea bargaining is crucial. They must navigate both the legal aspects and strategic considerations to serve the best interests of their clients. This includes evaluating the strength of the prosecution’s case, the risks associated with going to trial, the benefits of securing a certain and possibly more lenient outcome through a plea, and the specific circumstances and goals of the client.

Ethical and Strategic Considerations

Criminal lawyers must adhere to ethical standards in plea bargaining, including competency, communication, and candor. They are obligated to thoroughly discuss the plea bargain options with their clients, explaining the implications, and potential outcomes, and ensuring that the decision to accept a plea offer is made with informed consent.

Strategically, lawyers must assess the evidence, consider the likelihood of conviction at trial, and the preferences of the client regarding the case’s resolution. This often involves negotiations with prosecutors to achieve the most favorable terms possible. Lawyers must balance the risks and benefits, considering factors such as the client’s criminal history, the severity of the charges, and the potential impact on the client’s future.

Impact on the Judicial System

The plea bargain plays a critical role in the efficiency of the criminal justice system. It allows for the resolution of cases without the need for a trial, which can be time-consuming and resource-intensive. However, this practice has also faced criticism for potentially encouraging defendants to plead guilty to crimes they did not commit, under the pressure of facing more severe sentences if convicted at trial.

Moreover, the negotiation process is subject to the dynamics of power and discretion, with concerns about fairness and the equitable treatment of defendants. The effectiveness of a plea bargain can be influenced by the quality of defense representation, the nature of the charges, and the policies of the prosecuting authority.

The Plea Bargain – An Essential Part Of Criminal Defense

For criminal lawyers in Colorado, mastering the art of plea bargaining is essential. It requires a deep understanding of legal principles, excellent negotiation skills, and a commitment to ethical practice. Lawyers must navigate the complexities of each case, advocating for their client’s interests while balancing the realities of the legal system.

The plea bargain, despite their challenges and controversies, remains a pivotal element of criminal law practice, reflecting the pragmatic needs of the judicial system and the interests of justice.

{I had some very serious charges and needed the best representation I could find. Shimon was honest and confident and eased my nerves from the very first meeting. My case ended up being dismissed at arraignment, which Shimon knew beforehand because he was in contact with the DAs. He still showed up in court for my hearing and helped me seal the records. I definitely recommend Shimon to anyone in a legal predicament. I know that if my case had not been dismissed, I would have been glad to have chosen Mr. Kohn.

Krista Barthel

{I cannot say enough amazing, genuine and well deserved comments about Shimon and his staff at his office. I used his expertise for myself in a criminal case and cannot be more happier about the outcome. My husband and I both had again hired Shimon & Shawn. When you hire The Kohn Law Firm, they really truly work for you. It does not matter what day or time it is, Shimon gets back to you. I had several questions, and worries that were calmed on a simple phone call with beautiful Mia, who is so pleasant to talk with, Shawn who is a great fit there and working with the best, or Shimon. He did not at one time leave out any detail of all options that were at hand. He handled all aspects of my criminal case professionally and thoroughly. He has a calming demeanor to assure you that he understands what is at stake and works to the fullest ability for the absolute best outcome! I would most definitely call him for a 3rd time!

Heather Ellenbecker

{I've worked with Shimon on various cases professionally over the last 8 years. Shimon's knowledge of the law and professional demeanor and aggressive and effective defense of his clients set him apart from all of the other attorneys I have worked with over the years. He is smart, compassionate, and tenacious. I would highly recommend him and his services.

Lisa White

{Shimon enabled me to find a path for recovery from addiction and the recovery of my life as I now know it. I gave him as many reasons as possible to give up on me and he continued to fight. I owe a great deal of gratitude to Shimon as an attorney and as a human being, he is compassionate, professional and as real as they come in the legal system. I stood to lose my life as a habitual criminal and I trusted Shimon as to what I should do and he helped lead me out of one of the darkest times of my life. I was facing 32 mandatory years for drugs and Shimon negotiated me down to 6 years probation and treatment that has changed my life. I would insist anyone who needs to hire an attorney, this is the only man I would ever recommend. Thank you Shimon.

sam burke

{Shimon is a top defense attorney who gets the job done. He stays loyal to his clients and is always there when needed. He is the best attorney I have known. Very thorough. Mr. Kohn also isn’t afraid to stand up to the prosecuting side and go after what is right.


Shimon Kohn is the attorney to call when you need the best criminal defense lawyer. I will never have enough words to express my gratitude to him for how he helped my family. He was available to answer questions honestly and reassuringly within a reasonable timeframe.
He exeplified professionalism, compassion and expertise. His professional and personal relationship with the district attorney's office is unparalleled in this community. Shimon is definitely to whom I will refer anyone and everyone who requires legal services.


{It is difficult to find truly ethical people who care in this money driven industry. Shimon handled my case quickly and ethically and was able to work within the confusing legal system to get the desired and justified outcome. I would highly recommend Mr Kohn to anyone who needs a strong legal defense and wise counsel. He not only laid out the details of my case well, he took the time to sit with me and explain when his services would NOT be useful. He was an ally in the courtroom and been a great resource outside the courtroom. Donny C.

Donny C.

{Shimon was assigned to my cases when there were many conflicts. He became the gateway to being heard on my case. Of course I had guilt to some degree, but Shimon stood up & fought for reasonable consequence. He was thorough with organization, facts, and persistent with the DA. The respect I was given during my time of incarceration to assure I wasn’t left in the dark, is absolutely the best I’d experienced. I have, and will always recommend Shimon & his law firm for their accountability, their desire to make you feel like you’re heard/personable, attention to detail and respectable reputation! What is right is right and what is wrong is wrong, but the fairness and overall justice with Kohn Law Firm is highly recommended!

Courtney Goode

Positive: Professionalism, Quality, Responsiveness, Value
Julian was a pleasure to meet, and work with.  What initially drew me to his counsel was his enthusiasm at working with my case, comprehensively,  and with my best interests not only in mind, but in heart as well. Like many, my financial situation was greatly impacted during 2020, and they were willing to set up amicable payment options that catered well to my specific needs at the time, which greatly helped. I would strongly recommend of course Julian,  as well as the firm as a whole,  as my experience was highly professional,  and thorough.

Roger Stacy

Positive: Professionalism, Quality, Responsiveness, Value
We heard from Shimon through a family member and decided to go with him for our case which was a felony. He gave it to me straight and never promised a deal. the DA was being very agressive and wouldn’t lower the charges but nonetheless Shimon kept the pressure on them and we got the case dismissed! Obviously it’s not a guarantee he can do the same for anyone else but let me tell you this is the best lawyer in the springs he will fight tooth and nail and not try to feed you BS. I do not wish to ever have any more legal trouble but if we ever do find ourselves in a bind Shimon is the only lawyer we will ever need. I would highly suggest to anyone else if you want to sleep well at night hire this man! Thanks Shimon! You are definitely worth every penny!

Karina Gutierrez Ramos


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