Denver DUI Attorney Blog
Understanding When a Court Can Reject a Plea Agreement in Colorado
Plea agreements are the backbone of Colorado’s criminal justice system. Yet even when prosecutors and defense attorneys reach a deal, the judge is not required to follow it. Many clients ask, “When can a court reject a plea agreement in Colorado?” The short answer: anytime the judge believes the proposed sentence isn’t fair, appropriate, or in the interests of justice.
The Law in Colorado
Colorado law makes it clear that sentencing concessions in a plea deal are recommendations, not guarantees.
Under C.R.S. § 16-7-302(3) and Colorado Rule of Criminal Procedure 11(f)(5), the trial court must exercise independent judgment in deciding whether to accept or reject the parties’ sentencing terms.
In People v. Mazzarelli, 444 P.3d 301 (Colo. 2019), the Colorado Supreme Court reaffirmed that principle, explaining:
“The trial court is always required to exercise its independent judgment in determining whether to go along with or diverge from the sentence concessions in a plea agreement. Allowing the parties in a criminal case to require the judge to impose a particular sentence, regardless of whether she believes it is appropriate, justified, or fair, would bode ill for our criminal justice system.”
The Court emphasized that a trial judge’s duty is to ensure justice, not simply to “rubber-stamp” a negotiated sentence.
In the context of plea agreements, terms such as “sentence stipulations,” “sentence agreements,” and “sentence concessions” all mean the same thing — recommendations to the court. The judge may accept or reject them, even after the defendant has pled guilty.
What Happens if the Judge Rejects the Sentence?
If the court decides not to follow the agreed-upon sentence:
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The defendant may withdraw the guilty plea and return to square one; or
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The defendant may accept the new sentence imposed by the court.
Because the court is not following the agreed stipulation, the defendant retains the choice to proceed or withdraw. The prosecutor cannot withdraw from the plea merely because the judge declined to follow the recommendation.
Examples
Example 1: Harsher Sentence
The prosecutor and defense agree to 45 days in jail, with no objection to work release.
At sentencing, the judge says, “I’m considering 90 days instead and may or may not allow work release.”
Because the court is not following the stipulation, the defendant may withdraw the plea and proceed to trial — or accept the 90-day sentence.
Example 2: Lighter Sentence
The parties agree to 10 days in jail as a condition of probation.
At sentencing, the judge says, “I’m not sure this case warrants jail. I may just impose probation without jail.” The prosecutor objects, arguing the stipulation must be followed.
But the court is not bound to impose jail simply because it was stipulated. The defendant may accept the lighter sentence or withdraw the plea. In reality, what defendant would withdraw from a plea that results in a lighter sentence? The answer: no one. The prosecutor cannot unwind the plea simply because the sentence turned out more lenient.
Bottom Line
In Colorado, a plea agreement’s sentencing terms are always subject to the court’s independent judgment under Rule 11(f)(5) and C.R.S. 16-7-302(3). Defendants should understand that “stipulations” or “agreements” are recommendations, not guarantees.
However, when a judge rejects a sentence recommendation, the defendant — not the prosecutor — has the right to decide whether to accept the new sentence or withdraw the plea entirely.