Case Resolution Options

You’ve reviewed your case, the evidence, and the law. You understand the strengths of the case, the weaknesses, and the bargaining power that you hold. What should you ask for in terms of a resolution? Should you take the case to trial?

There are many different ways to resolve a criminal case. These are some of the most common in Maine and are reasonable resolutions to many cases.

1. Plea as charged (single count)

Pleading to a crime as charged means that you are entering a plea based on the original charge that was brought. If you were only charged with one count, this means you plead guilty to that count. This is generally not recommended.  There are typically ways to negotiate a better outcome for yourself if you are willing to do a little bit of work.

2. Plea as charged (multiple counts)

Sometimes you might be charged with multiple counts as a result of one interaction with law enforcement. In this instance, you might be able to negotiate with the prosecutor to drop one of the other charges in exchange for a plea on what the prosecutor perceives as the most important charge.

For example, if you are charged with Operating Under the Influence, Driving to Endanger, and Operating Without a License, the prosecutor may offer you a deal to plead to the Operating Under the Influence charge and dismiss the other charges. Consider whether this is the right negotiation tactic for you.

3. Plea to a lesser included offense

Sometimes, depending on the severity of the charge, a plea to a lesser included offense may satisfy the prosecutor. For example, if you are charged with Aggravated Assault, a felony, the prosecutor may consider a plea agreement where you plead to Assault, a misdemeanor. To leverage this option, ask yourself whether there is a less consequential charge you can plea to. Then, make sure you have the leverage to make this happen in negotiations.

4. Deferred Disposition Agreement

A deferred disposition agreement allows you and the prosecutor to achieve each of your goals while mitigating the perceived risk associated with your case. Keep in mind, understanding how they work can be complicated. 

To enter into a deferred disposition agreement, you have to plead guilty to at least one charge. The Court will hold old to your plead for a pre-determined time period, typically one year. If after that pre-determined period time period passes, you will receive either the “good outcome” or the “bad outcome.” Each outcome has been negotiated prior to entering into the deferred disposition agreement and will be determined based on whether you met the terms of the agreement. 

Typically, the Deferred Disposition Agreement will include a series of terms and conditions that, if met, will mitigate the perceived risk based on the conduct that gave rise to your case. For example, if you are charged with Operating Under the Influence standard conditions could include getting an alcohol evaluation, following the recommendations of the evaluator, and not to use or possess alcohol while the Deferred Disposition Agreement is pending. 

If you meet the terms of the Deferred Disposition Agreement, you will get the good outcome. 

If you are found to have not met the terms of the Deferred Disposition Agreement, you will get the bad outcome, be convicted of the charge for which you pled guilty, and possible be subjected to additional sanctions.

5. Filing Agreement

A Filing Agreement is like a Deferred Disposition Agreement, except you don’t have to enter a plea and the outcomes are also pre-determined. A good outcome in a filing agreement is always a dismissal. A bad outcome in a filing agreement means the prosecutor will simply re-open the case.  

6. Dismissal 

A dismissal is always the goal but rarely the outcome. A dismissal means that the prosecutor or the Court have determined that the charge(s) you are facing will no longer be brought against you. If all charges in your case are dismissed, the case is done. More often, some of the charges are dismissed as part of a plea bargain. Rarely do all charges get dismissed without some sort of negotiation or leverage with the prosecutor.

7. Trial

You’ve tried your best to negotiate with the prosecutor to get a plea agreement that works for you but you cannot come to an agreement. In a worst case scenario, you take your case to trial. At trial a judge or jury will decide whether you are guilty. If you are found guilty, the judge will decide your punishment.

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This article is meant for informational purposes only and does not replace the advice of a licensed and qualified criminal defense attorney. If you or someone you know are facing criminal charges, consult with a criminal defense attorney in your area.