Plea Bargain and Pleading Open to Judge
Going to trial in a possession of cocaine case but one of three options. A person can also try to plea bargain with the prosecution or plead open to the judge. In a plea bargain agreement, a prosecutor will make you an offer that is more lenient that what they would ask for after a guilty verdict at trial. In theory, the prosecution does this for judicial efficiency. In other words, to resolve your possession of cocaine case early on, without the risk or expense of trial, the prosecution will offer you a deal.
However, these supposed plea deals, even for possession of cocaine, are not always that good. Sometimes prosecutors over-estimate the strength of their case or they ask for too much in a plea agreement. In other cases, the defendant’s criminal history is so bad, the prosecution is really limited in what it can offer. This is often times the case in possession of cocaine cases concerning those who are Habitual Offender Qualified (HOQ) or those who have violated probation with a possession of cocaine charge.
The third and last option is to plea open to the judge. This should not be confused with accepting a plea bargain to possession of cocaine with the prosecutor. When a defendant pleas open to the judge, he/she enters either a plea of guilty or no contest to the charge of possession of cocaine and then the judge sentences the defendant as he/she sees fit. The problem with this option is that you do not know what sentence you will receive until the judge announces it. As a third degree felony, possession of cocaine can be punished by up to 5 years in Florida State Prison.
That said, it is extremely rare for any judge to sentence a first offender to anything more than probation. Only those with a substantial criminal history are in any real danger of getting sent to prison for possession of cocaine. If you violated probation with a possession of cocaine, your judge may sentence you to prison, depending on the specifics of your case and why you are on probation.
When a person pleads open to the judge in a possession of cocaine case, it is usually because the prosecution is not offering a plea bargain that is acceptable and the criminal defense attorney believes that the judge will do better.
At the end of the day, when you plea open in a possession of cocaine case, it is extremely important to not only know your case, but know which judge you are in front of.