Criminal Pleas & Plea Agreements in Ohio

When a person is accused of a crime or traffic offense, they must submit a formal response to the charges against them, which is known as a plea. If you have been arrested, or are facing criminal charges, you will be asked to enter a formal plea at the arraignment stage of the criminal process. The types of pleas in a criminal case are not guilty or guilty and, in certain circumstances, you may also have the option of entering a nolo contendere (no contest) plea.

It is ultimately your decision as to which plea to enter, but it is prudent to seek the guidance of a criminal defense lawyer before making such a choice or accepting a plea deal. The plea stage is the starting point of the criminal process, and it is crucial that you understand the implications of each type of plea, particularly because some are easier to take back than others.

Before you enter a plea, discuss all your options with an experienced Cincinnati criminal defense lawyer. Call Luftman, Heck & Associates and attorney Brad Groene at (513) 338-1890 for a free consultation.

What Does a Guilty Plea Mean?

Entering a guilty plea is an admission that you committed the offense for which you have been charged. A guilty plea has significant implications in a criminal case because you are admitting to the wrongdoing alleged by the prosecutor, which means you could face the maximum criminal penalties for committing the offense.

If you plead guilty to the offense, you can expect to proceed straight to sentencing. Therefore, it is highly unusual for someone to plead guilty to a crime at the arraignment stage. It may be possible to withdraw a guilty plea before the judge has accepted it, but it cannot be taken back once a sentence has been imposed.

Depending on a case’s specific facts and the offense’s severity, it may be in your best interest to have your attorney try and negotiate a plea bargain on your behalf. In a plea bargain, you plead guilty in exchange for a lesser sentence or charge. You should always consult with a criminal defense attorney before entering a guilty plea or accepting a plea bargain.

What Does a Not Guilty Plea Mean?

Pleading not guilty means claiming you did not commit the crime for which you are accused. When you enter a plea of not guilty, you are contesting the allegations made against you, and the government will be responsible for proving beyond a reasonable doubt that you have committed the offense charged. After a plea of not guilty is entered, the judge will schedule a date for your pretrial or trial.

Pleading not guilty gives your attorney the opportunity to begin investigating, examining the evidence against you, and preparing your case for trial. Your attorney may enter plea negotiations with the prosecutor at any point in the criminal process. Should you want to accept a plea bargain, you can always change your initial not guilty plea so long as final judgment has not been entered.

What Does a No Contest Plea Mean?

A plea of no contest means that you are not admitting guilt, but you do accept that the facts alleged in the charging document are true. In misdemeanor cases, a no-contest plea requires the prosecutor to explain the circumstances of the offense to the court, but there is no such obligation in felony cases. No contest pleas are not available in every criminal case and are typically part of a negotiated plea bargain.

Practically speaking, pleading no contest usually has the same consequences as pleading guilty, but you will generally be sentenced without a trial. A conviction that results from a no contest plea and one that follows a guilty plea has the same long-term repercussions.

However, one important difference between the two is that a no-contest plea cannot be used against you in a subsequent civil or criminal case as evidence of liability because there is no admission of guilt. Furthermore, a no-contest plea may allow you to appeal certain court rulings that would not be available if you plead guilty.

Plea Deals in Ohio: How They Work and What to Consider

In many criminal cases, the prosecution may offer a plea deal—also called a plea bargain—where you agree to plead guilty or no contest in exchange for a more lenient outcome. While plea deals can help avoid a trial and reduce penalties, they still carry serious consequences and should never be accepted without fully understanding your options.

Types of Plea Agreements in Ohio

The four most common plea bargain structures include:

• Charge Bargaining – You plead guilty to a less serious offense.

• Count Bargaining – You plead to fewer charges in exchange for dropping others.

• Fact Bargaining – You admit to certain facts in exchange for excluding more damaging ones.

• Sentence Bargaining – You plead guilty in exchange for a lighter sentence.

The judge must still approve any plea agreement and may not always accept the prosecutor’s recommendation.

Should You Accept a Plea?

Plea deals may offer faster resolution and lighter sentencing, but they still result in a conviction—often without the right to appeal. Before accepting a deal, consider the following:

• Time in Jail or Prison May Still Apply – Even a “good” deal may include incarceration. You might qualify for early release, probation, or intervention programs, but this depends on the deal’s terms and judge’s discretion.

• Waiver of Rights – Most plea deals include a waiver of appeal rights, meaning you usually can’t undo the plea—even if new evidence emerges.

• Post-Conviction Fallout – Pleading guilty or no contest can affect your job, immigration status, gun rights, and student aid. For many offenses, expungement or record sealing isn’t guaranteed or available for years.

Frequently Asked Plea Agreement / Plea Deal Questions

If You Take a Plea Deal, Can You Get Out Early?

Sometimes. Depending on the terms of the deal and your sentence, you may be eligible for early release, probation, or judicial release. For instance, a sentence of more than two years may allow for judicial release after a portion is served, but this is not automatic and must be requested. Your attorney can advocate for a sentence structure that allows for these possibilities.

What Plea Has the Same Consequences as a Guilty Plea in Court?

A no contest (nolo contendere) plea results in a conviction and sentencing just like a guilty plea. The key difference is that a no contest plea cannot be used against you in civil court—such as a lawsuit following a car accident. However, in criminal court, the consequences are the same.

Can You Change Your Plea After It’s Entered?

Yes, but only in certain situations. You may be able to withdraw a guilty or no contest plea before sentencing if the judge permits it. However, once you are sentenced, withdrawing a plea becomes much harder and typically requires showing that your plea was not entered knowingly, voluntarily, or intelligently.

What Happens If I Plead Not Guilty?

If you plead not guilty, your case will proceed to the next stage—usually a pretrial hearing, then possibly trial. This gives your lawyer time to investigate the evidence, file motions, and negotiate with prosecutors. You can still change your plea later if a plea deal is reached.

 Is Pleading No Contest Better Than Guilty?

That depends on your situation. A no-contest plea results in a conviction like a guilty plea, but it cannot be used against you in civil court. It’s often used in cases where you may face a related lawsuit (e.g., car accident, assault), but the criminal penalties are usually the same.

Can You Get Probation with a Plea Deal?

Yes, many plea agreements include probation or other alternatives to jail. Your attorney may be able to negotiate for diversion, treatment programs, or community control sanctions instead of incarceration. However, these outcomes depend on your charges, record, and judge approval.

Do You Need a Lawyer to Accept a Plea Deal?

Absolutely. Accepting a plea without a lawyer is risky. An experienced criminal defense attorney can evaluate if the offer is fair, identify hidden consequences (like loss of gun rights or immigration risks), and negotiate for better terms or explore alternatives.

Our Defense Lawyers Can Help Get The Best Possible Deal

If you have been accused of a crime, you should consult with an experienced criminal defense attorney as early in the criminal process as possible. The Cincinnati criminal defense attorneys at Luftman, Heck & Associates can act immediately to protect your rights after an arrest, help you understand your options, and negotiate with prosecutors to fight for the best outcome possible in your case.

Call us today at (513) 338-1890 for a free consultation with a knowledgeable Cincinnati criminal defense attorney.