By this time you face the crucial decision: whether to plead guilty. As discussed in Offers from the Commonwealth , there is usually some haggling, but not as much as you might expect. It is useful to understand that approximately 98% of criminal cases in York County do not go to a trial, meaning that there is often some form of non-trial disposition, such as a plea or admission to ARD.

Your attorney is the one to give you guidance here. If you do plead guilty, you are admitting that you committed the crime and thus you are convicted without going through a trial. You may be sentenced and immediately incarcerated. In York County, your plea bargain will frequently include an agreement as to sentence. If you are not already incarcerated, you may have the option to have your sentence commence at a later date. If there is no agreement as to sentence (an "open" plea), a presentence investigation (a "PSI") will typically be ordered.

Another option is to plead nolo contendere (sometimes known as "no contest" pleas), meaning that you will not admit the charges but that you will not contest them. In the eyes of the law, nolo contendere is the same as pleading guilty but you have one advantage in that if you are sued later for damages in a civil suit, your plea cannot be used as evidence. Obviously these are factors which you attorney will review with you.

When you enter a plea, you will usually be required to fill out a lengthy written document called a plea colloquy. The judge may review this with you in some detail, depending upon the severity of the charges and possible sentence. It is a good idea to review the plea colloquy with your attorney as it explains the rights you waive by entering a plea. It also explains what happens if the court rejects the plea agreement or what you may do if you later want to appeal your sentence.

Once you submit your signed guilty plea colloquy and appear in front of the judge, the judge will typically ask for an explanation from you as to the facts that justify the acceptance of the guilty plea. Essentially, the court will want to hear, from you, exactly what it was that you did that makes you guilty of the offense. If the court does not hear a satisfactory admission, your case may be listed for trial and you could possibly lose the benefit of the plea bargain unless the court is willing to accept a plea of nolo contendere. The judges in York County vary widely on their willingness to accept nolo contendere pleas, especially in particularly serious cases.

If you have an offer from the Commonwealth and you want to consider entering a guilty plea, you should call attorney Joseph N. Gothie at (717) 848-8455 to set up a free, no-risk consultation to discuss your case.

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