Pleading Open in Indiana Criminal Cases: Strategy, Risks, and Benefits
When facing criminal charges, defendants often wonder: Should I take a plea deal or plead open?
Pleading open—also called "pleading blind"—is when a defendant pleads guilty without a sentencing agreement with the prosecution. Instead, the sentence is left to the judge’s discretion. While this strategy can lead to a more favorable outcome, it also carries significant risks.
Understanding the advantages, disadvantages, and legal implications of pleading open in Indiana is crucial before making a decision.
📞 Facing criminal charges? Get expert legal guidance. Call Vining Legal at (317) 759-3225 or schedule a consultation.
How Plea Bargains Work in Indiana
Most Indiana criminal cases are resolved through plea negotiations rather than going to trial. A plea bargain is an agreement between the defendant and the prosecutor, often involving:
✔️ Charge Bargains: The prosecutor reduces or dismisses certain charges in exchange for a guilty plea.
✔️ Sentence Bargains: The prosecutor recommends a lighter sentence in exchange for a guilty plea.
Why do plea deals happen?
Prosecutors want to avoid lengthy trials and ensure a conviction.
Defendants may secure a reduced sentence or fewer charges.
Courts benefit by reducing case backlogs.
💡 However, not all plea deals are fair. If the prosecution’s offer is too harsh, pleading open may be an alternative strategy.
What Does "Pleading Open" Mean?
Pleading open means pleading guilty without a plea agreement, leaving sentencing entirely up to the judge.
✔️ You admit guilt, but there’s no agreed-upon sentence.
✔️ The judge determines your punishment at a sentencing hearing.
✔️ You can still argue for a lighter sentence.
📌 Example: A prosecutor offers 5 years in prison, but the defendant believes the judge might impose 3 years instead. By pleading open, the defendant gambles on the judge’s decision rather than accepting the plea deal.
Why Would Someone Plead Open? (Benefits & Risks)
✔️ Potential Benefits of Pleading Open
Prosecutor’s offer is too harsh – The judge might impose a lighter sentence than the state’s recommendation.
No mandatory sentencing agreement – Unlike a plea bargain, an open plea allows the judge to consider mitigating factors.
Avoiding the “trial penalty” – Defendants who go to trial and lose often face harsher sentences than those who plead guilty.
Showing acceptance of responsibility – Judges may reduce sentences for defendants who show remorse and avoid wasting court resources.
⚠️ Risks of Pleading Open
The judge can impose the maximum penalty.
You plead guilty without knowing your sentence.
The prosecution can argue for a harsher punishment.
No right to withdraw your plea if the sentence is too severe.
📌 Example: A defendant charged with Level 5 felony theft (1–6 years in prison) pleads open, hoping for 1–2 years. Instead, the judge imposes 6 years—which would not have happened under a plea agreement.
💡 Key Takeaway: Pleading open is a strategic risk that should only be considered with the guidance of an experienced criminal defense attorney.
What Happens at a Sentencing Hearing After an Open Plea?
After pleading open, the case proceeds to a sentencing hearing, where both sides argue for a specific sentence.
🔹 What Happens at a Sentencing Hearing?
✔️ The defense attorney presents mitigating factors, such as:
Lack of prior criminal record.
Mental health issues or substance abuse treatment.
Employment history and family responsibilities.
Remorse and willingness to rehabilitate.
✔️ The prosecution presents aggravating factors, such as:
Prior criminal history.
Use of violence or weapons.
Impact on the victim(s).
Violation of probation or parole.
✔️ The judge considers sentencing guidelines and relevant laws.
✔️ The defendant may speak before sentencing (allocution).
📌 Example: A defendant convicted of battery (Level 6 felony) pleads open. At sentencing, the defense presents evidence of good character, and the judge imposes probation instead of jail time.
💡 Key Takeaway: A well-prepared sentencing argument can make a significant difference in the outcome of an open plea.
When Is Pleading Open a Bad Idea?
Pleading open is not advisable in every case. Defendants should be cautious if:
🚨 The crime carries a harsh mandatory minimum sentence.
🚨 The judge is known for strict sentencing.
🚨 The prosecution has overwhelming evidence.
🚨 The plea deal offered is significantly better than the risk of open sentencing.
📌 Example: A defendant charged with armed robbery (Level 3 felony) faces a 10–16 year sentence. The prosecutor offers 8 years in a plea deal, but the judge has a reputation for harsh sentences. Pleading open could result in 12+ years in prison instead of 8.
💡 Key Takeaway: Always evaluate the risks carefully before rejecting a plea deal in favor of an open plea.
Factors to Consider Before Pleading Open
Defendants and their attorneys should consider the following before making a decision:
✔️ Strength of the evidence – Is there a strong case against you?
✔️ Potential penalties – What is the maximum sentence?
✔️ Judge’s history – Is the judge lenient or strict on sentencing?
✔️ Reasonableness of the prosecutor’s offer – Is it worth the risk?
✔️ Likelihood of winning at trial – If trial is a bad option, would an open plea be better?
📌 Example: A defendant with no prior record charged with Level 6 felony possession may plead open, hoping for probation instead of jail.
💡 Key Takeaway: Pleading open is a calculated risk that requires careful legal analysis.
Why You Need a Criminal Defense Attorney for an Open Plea
Because pleading open carries significant risks, an experienced Indiana criminal defense attorney can:
✔️ Negotiate a better plea deal before taking the risk of an open plea.
✔️ Prepare strong sentencing arguments to persuade the judge to be lenient.
✔️ Analyze the judge’s sentencing history to predict likely outcomes.
✔️ Challenge evidence and advocate for mitigating factors.
📞 If you’re considering pleading open, don’t do it alone. Call Vining Legal at (317) 759-3225 or schedule a consultation.
Conclusion: Should You Plead Open?
✔️ Pleading open is a high-risk, high-reward strategy that may lead to a lighter sentence—or a harsher one.
✔️ It is best suited for cases where the prosecutor’s plea offer is unreasonable, and the judge is likely to be more lenient.
✔️ Before making this decision, consult with an experienced defense attorney to evaluate the risks and benefits.
📅 Need legal advice? Schedule a consultation today.
