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Attorney Breaks Down Different Types of Plea Agreements!

Posted by Corey L. Scott | Jan 05, 2022 | 0 Comments

There are three distinct types of plea agreements in the state of Indiana, and I would like to tell you about them and discuss their differences.

The first type of plea agreement is what is called a set term plea agreement. This is an agreement between the defendant and the state of Indiana, where the terms and particulars are laid out in great detail. This is so once all parties sign off on it and the judge accepts it, all parties know exactly what the sentence will be. A set term plea agreement ensures there is no uncertainty around how long the sentence will be, whether it will involve prison time or probation, if there will be court costs and fines that will have to be paid, etcetera. There is nothing left for the judge to decide, and the judge must either accept all the terms as they are laid out, or reject it

The second type is what I would call a partial set term plea. This simply means that not every term has been laid out and agreed upon, only some terms have been set out. Other terms are left to the court to decide and put in place. You may have ten different terms, and seven of those terms are laid out and agreed to, while the other three are terms that the party could not agree to. The three, undecided terms, will be presented to the judge, and the judge can then determine what is to be done for those remaining issues.

Finally, we have what is called an open plea to the court. An open plea means that the parties could not reach an agreement. When the parties cannot come to an agreement, the defendant can say to the judge, “You know what? This prosecutor is being too harsh, and we cannot come to terms. Your Honor, I am going to plead guilty and leave the entire sentence in your hand.” In this scenario, both sides will again make an argument to the judge. The defense will of course be arguing for leniency, while the state is going to be arguing for whatever they think is appropriate. After hearing from both parties, the judge will fill in the blanks and fashion a sentence that they believe is right based on the conviction.

I hope that this has been helpful. If you have any questions, feel free to send me an email or give me a call. I am always more than happy to help. Until next time, remember- if you have to be guilty of anything, be guilty of greatness. 

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.

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