When you go into federal court to enter your plea, the judge goes through a long discussion related to your rights, what you're getting yourself into, and your discussions with your attorney. A federal judge would rarely allow a person to withdraw a plea. There certainly are grounds, in some cases, but again, it is never a good idea. It could result in disaster, as far as a more serious sentence.

Built into most federal plea agreements is language related to the person's ability to appeal. Most of the time, federal prosecutors are trying to limit the person's ability to appeal if they take a plea bargain in the case.

They cannot completely eliminate a person's ability to appeal; certain grounds still allow someone to appeal. For example, if a judge were to sentence the person to a higher sentence than the maximum sentence available, that would be grounds for appeal.

If proved, ineffective assistance of counsel would likely be grounds for appeal. Beyond that, the government wants to avoid fighting cases over and over again, especially after the person has agreed to a resolution in the case.

They're going to put language in the plea agreement that basically blocks a person from attempting to appeal their case unless there are some sort of extreme grounds.

What Actually Happens At A Federal Plea Hearing?

Both government counsel and defense counsel are present at a federal plea hearing. Often, the probation department may also be present. The criminal defendant is present, and the judge discusses the plea agreement.

The prosecutor would have input related to any questions the judge might have about the plea. The defendant is read their rights, and the judge goes through the plea agreement with the defendant, ensuring the defendant comprehends it and consents to it. This understanding is crucial as it empowers the defendant with the knowledge of what they are agreeing to. Once it's clear that the defendant understands the plea agreement, the judge will select the sentencing date.

The judge will set a sentencing date, order the probation department to do a report related to the case, tell the attorneys the parameters regarding submitting any objections they might have related to the sentencing and the pre-sentence report, and then set the case for the next court date. The probation department's report is crucial as it provides the judge with a comprehensive understanding of the defendant's background and the circumstances of the case, aiding in the sentencing decision.

Is It Possible To Get My Federal Charges Reduced To Lesser Offense?

It is possible to get federal charges reduced, but that is not the usual case in federal court. Prosecutors file what they believe they can prove. However, if it can be determined that there are lesser charges that are more applicable to a particular defendant, or if the defendant were to cooperate with the government and the government decides to give them the ability to plead the lesser charges, it is possible.

The prosecutor will be in a stronger position to convince the judge to give a lower sentence in a federal case because they believe the defendant deserves it due to their cooperation in the case. This potential for a lower sentence can provide hope to the defendant, especially if they have been cooperative.

When someone is arrested and charged with a federal crime, there are limited ways to resolve the case. The conviction rate for federal cases across the United States is pretty high, underscoring the seriousness of the situation. There has to be some sort of mechanism for resolving these cases.

If it is better than 90 percent of people plead guilty instead of taking cases to trial, then the best solution the prosecutors have devised is to offer an agreement to settle the case.

The defense could plead open to the judge and not enter into a plea agreement with the government. 'Pleading open to the judge' means the defense leaves the sentencing decision entirely to the judge's discretion. Then, the judge would ultimately be responsible for the sentencing. The government will usually offer the initial plea agreement but it doesn't have to go down that way. Their plea agreement does not have to be accepted by the defense, and the defense can counter their plea agreement.