Is It Blackmail to Drop a Charge in Exchange for a Plea Bargain?

Full question:

Ticketed for assault. Will not plead guilty, was offered a plea in abeyance, wouldn't plead guilty, so they came up with a new charge of criminal misbehavior. If I plead guilty to misbehavior they will give me plea in abeyance on misbehavior and DROP the assault charge. I said I would not plead guilty to either, because I am not guilty of either. They said if I don't plead guilty to one of the charges, they will charge me with both. Is this blackmail? Is it Legal?

• Category: Criminal
• Date: 04/07/2025
• State: Utah

Answer:

Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money or something of value is paid to purchase silence. It is a form of extortion. Because the information is usually substantially true, it is not revealing the information that is criminal, but demanding money to withhold it. It is generally not blackmail to drop a charge in exchange for a guilty plea.

A plea bargain usually involves the defendant pleading guilty to lesser charges than those in the complaint, indictment or information, or a guilty plea to only one of numerous charges. In order to charge a person with a crime, law enforcement officials must have probable cause to believe a crime has been committed.

Guilty pleas are an admission of blameworthiness by a person accused of a crime. Sometimes guilty pleas are made as part of a plea bargain in which the prosecutor agrees to reduce the charges or the punishment in exchange for the guilty plea. A guilty plea saves the time and expense of a lengthy trial. Before accepting a plea of guilty the court address the defendant and inform him and make certain he understands the nature of the charge; the range of punishment for the offense; the right to be represented by an attorney, including the fact that defense counsel will be appointed if the defendant cannot afford a lawyer; the right to a jury trial, including the right to cross-examine witnesses and the right not to be compelled to incriminate oneself; he fact that all of these rights are given up (except having a lawyer present) if a plea of guilty is made. The court must also determine that the plea is not the result of force, threats or promises, other than a plea bargain agreement, and is, on the whole, a knowing, voluntary and intelligent act of the defendant. The lack of a voluntary and knowing plea may be the basis for a later plea withdrawal. Finally, the court must determine that there is a factual basis for the defendant's admission of guilt. The entire guilty plea proceeding must be conducted in open court and recorded by a court reporter.

For further discussion, please see the information at the following link:

http://blog.brodenmickelsen.com/2007/12/should-i-accept.html