A motorcycle ride and fundraiser for Victims for Justice will be held in Anchorage on July 24, 2021. It’s to honor the memory of Cynthia “CeeCee” Hoffman, a 19-year-old who lost her life to homicide in 2019. Thank you to the Hoffman family for organizing and holding “CeeCee’s Memorial Ride.” Details are in the poster.
What is a plea deal?
A plea deal (also known as a plea bargain or plea agreement) happens when the defendant pleads guilty or no contest to their crimes. In exchange for taking a plea, they often receive reduced charges and/or a reduced sentence. Once a defendant takes a plea, the case is closed.
What is the difference between pleading guilty and pleading no contest/nolo contendere?
Either way, both guilty and no contest pleas are considered to be a “complete admission to all elements of the crime.” https://ovr.akleg.gov/docs/Glossary.pdf
Does a plea deal mean the defendant has admitted guilt?
Legally, yes. However, this does not mean that the defendant will make a confession nor apologize for their actions. The defendant might do that if they choose, but they are not legally required to do so.
Who decides the terms of the plea agreement?
The prosecuting attorney is the only person who may choose to submit an offer to the defense. Once the offer is on the table, there may be negotiations between the prosecutor and the defense lawyer to come to a final agreement.
What are my rights as a victim in relation to plea deals?
Important note: Victims do not have the right to prevent the attorney from offering, withdrawing, or changing the terms of a plea deal. This means that the prosecutor can still offer the plea, even if you disagree. This also means that the prosecutor can refuse to offer a plea, even if you want them to. Victims also do not have a legal right to appeal the prosecutor’s decision.
How long does the defendant have to decide whether to accept or reject the plea?
Most pleas have a defined expiration date that is set within a few months of the date the deal is offered. However, it is common for the prosecutor to allow extensions.
How will I know if the defendant accepted or rejected the plea?
While the plea offer is pending, the court case will proceed. There will not be a specific hearing or announcement to let you know if the offer was denied or expired. The court process will simply continue as though the case were heading to trial. There might be bail hearings, pre-trial hearings, discovery hearings, etcetera.
If the defendant chooses to accept the offer, the court will schedule a change of plea hearing. If you are wondering about the status of a pending plea, contact the prosecutor’s office or your advocate.
What happens if they accept the plea?
Once the defendant chooses to accept a plea, the court will schedule a change of plea hearing. During this hearing, the judge will ensure that the defendant is entering into the plea voluntarily and understands the rights they are giving up by pleading guilty or no contest.
Am I allowed to submit a victim impact statement?
Yes. Victims have the right to offer a written or oral victim impact statement, or both, at sentencing. Victims of felony crimes may also submit a written statement for the presentence report. Contact the prosecutor’s office or your advocate to check when you will be allowed to give your statement.
What is a presentence report?
A presentence report is a document that the judge reviews before the sentencing hearing. It includes the defendant’s “prior criminal history, employment history, military service, family background, and so forth.” (https://ovr.akleg.gov/docs/Glossary.pdf). It may also include details of the crime and the defendant’s prospects for rehabilitation. If you submit a written statement, the judge will be able to read and consider your statement before sentencing.
What can I include in my victim impact statement?
This is your time to express to the court how the crimes that the defendant committed have impacted your life: emotionally, financially, medically, etcetera. For more guidance on writing your statement, please visit https://victimsforjustice.org/have-your-say/prepare-your-statement/
When will sentencing happen?
What are the potential pros and cons of plea agreements from a victim perspective?
The pros and cons of agreements depend on each individual person. Your advocate is available to help you process your thoughts and feelings about the plea offer. Here are some of the implications of plea deals victims should know:
Most criminal cases in the U.S. result in plea agreements rather than going to trial. Also known as plea bargains or plea deals, these agreements involve prosecutors, judges, and defendants reaching a negotiated conclusion to a criminal case.
The agreement involves the defendant entering a guilty or no contest plea in exchange for things like a reduction in the level of a charge, a reduced number of charges, or the recommendation of a lighter sentence.
A plea deal means that the defendant is convicted and sentenced for the criminal behavior to which they are admitting. The victim can use a guilty plea in a later civil lawsuit to prove the defendant committed the crime.
If they do accept a plea deal and the court approves, defendants forfeit their right to a jury trial, their right to maintain their innocence, their right to confront and cross-examine witnesses and the right to testify in their own defense or remain silent.
Plea deals have been on the rise as courts have become overburdened, inefficient, and backlogged. According to the National Association of Criminal Defense Lawyers, less than 3 percent of criminal cases went to trial during the last five decades. The remaining 97 percent resulted in plea bargains. Alaska reflects the national trend.
Many defendants feel it is much riskier to exercise their right to trial rather than accept a plea deal because if convicted at trial, they may face lengthy jail terms. Defendants often decide to plead guilty or no contest between their arraignment, when they are formally charged with a crime, and the date set for trial.
Do Victims Have a Voice When It Comes to Plea Deals?
Under Alaska law, victims have the constitutional right to confer with prosecutors about potential plea deals. The victim does not have the right to decide if the prosecutor offers the plea or not; only the right to talk to the prosecutor about the plea. Prosecutors must make reasonable efforts to confer with victims or the victim’s legal guardian, according to the Office of Victims’ Rights.
The prosecutor must record whether the victim or the victim’s legal guardian agrees with the proposed plea deal. The courts can reschedule a hearing if it is needed to consider a plea agreement and allow additional time to comply with the victim notification requirements.
While victims have a right to give prosecutors input on proposed plea deals, only prosecutors can decide whether to offer them. Their job is to weigh the evidence, decide how strong it is and evaluate what the sentence is likely to be. Prosecutors must also factor in what is in the public interest along with the interests of the victim or the victim’s survivors. Prosecutors will often ask the victim or the victim’s survivors if they are comfortable with the proposed plea deal. If victims disagree with the plea deal, prosecutors may drop the proposal and proceed to trial, but they do not have to drop the proposal if the victim disagrees. The final decision rests with the prosecuting attorney and victims do not have legal standing to appeal.
In its 2020 annual report, the Alaska Office of Victims’ Rights identified a common complaint from victims in that prosecutors fail to notify them about plea agreement offers. “Some victims never learn about the plea deal; others only learn about the plea offer after the prosecutor extended it to the defense. This eviscerates any input the victims would like to have had and their right to be treated with dignity, fairness and respect,” the report says.
What Happens After a Plea Deal is Reached?
Once the defendant chooses to accept a plea, the court will schedule a change of plea hearing. During this hearing, the judge will ensure that the defendant is entering into the plea voluntarily and understands the rights they are forfeiting by pleading guilty or no contest.
At the change of plea hearing, the judge has the discretion to accept or reject the plea; however, in most cases, the judge will accept the agreement. Even if the judge personally feels the plea agreement is not appropriate, she or he can only reject the plea if it fails to comply with the law.
When Do I Give My Victim Impact Statement?
Victims have the right to give their victim impact statement during sentencing. For lower-level crimes, the defendant will often receive their sentence at the change of plea hearing. This means that the victim will be able to give their statement at this hearing. In most felony-level crimes, there will be a separate sentencing hearing usually about 2-3 months after the change of plea. In sentencing hearings for felony cases, victims will give their statement at the sentencing hearing.
It is important for victims to speak to the paralegal assigned to the case or to their victim advocate to understand the timing of when to provide a victim impact statement.
What Can I Include in My Victim Impact Statement?
This is the victim’s time to express to the court how the crime or crimes that the defendant committed have impacted the victim’s life: emotionally, financially, medically, and in any other way. For more guidance on writing a victim impact statement, visit https://victimsforjustice.org/have-your-say/prepare-your-statement/
How is the Sentence Decided?
Sentencing of low-level crimes is based on sentencing guidelines and the facts of the case.
Sentencing decisions in felony-level crimes take this information into account, plus information from a presentence report.Presentence reports are typically written by probation officers and include thorough research of the defendant’s background. According to the Alaska Office of Victims’ Rights, “the report will address such topics as the defendant’s prior criminal history, employment history, military service, family background, and so forth.” (https://ovr.akleg.gov/docs/Glossary.pdf). Written victim impact statements may also be included in the presentence report.
Sentencing in felony-level cases can be decided in two different ways: closed sentencing or open sentencing. If the plea agreement includes a closed sentence, this means that the prosecution and defense agree ahead of time on the sentence. If the plea agreement includes open sentencing, that means that the attorneys will offer a suggested sentencing range, but the judge will make the final decision on the sentence.
Nuances in Sentencing
Numerous factors can impact the duration of sentence a defendant will actually serve.
Concurrent vs Consecutive: Judges often have the discretion to impose concurrent or consecutive sentences when a defendant is convicted or pleads guilty to multiple charges. When sentences run concurrently, the defendant serves all the sentences at the same time. When consecutive sentences are imposed, the defendant must serve one after the other.
For example: John Doe was sentenced to 5 years for charge X and 2 years for charge Y. If his sentence is concurrent, he will be incarcerated for 5 years. If his sentence is consecutive, then he will be incarcerated for 7 years.
Suspension: Judges can suspend part of the sentence. This basically means that the defendant does not have to serve the entire sentence incarcerated. They may serve the suspended portion on probation. If they violate probation conditions, they may have to return to prison for some time. Keep in mind, they would not automatically be incarcerated to serve the entire rest of their sentence if they violate probation.
For example: The judge sentences John Doe to 5 years with 2 suspended. This means he is only serving 3 years in custody. After 3 years, he is released on probation to serve the rest of his time under supervision in the community.
Time served: Many incarcerated individuals spend time in jail waiting for trial and sentencing. They may also be held in restricted settings like halfway houses and residential treatment programs.
Judges often give these individuals credit for time served, deducting the time spent waiting behind bars from the total sentence. If the time spent waiting is about the length of an appropriate sentence, the judge may sentence the person to time served and release them. If the incarcerated individual is in jail for more than one offense, credit for time served will be applied to only one case.
Example #1: John Doe was sentenced to 5 years. However, he never got out on bail, and he was in jail for a full year from the time he was arrested up until sentencing. Because of his “time served,” he will only be incarcerated for another 4 years after sentencing because he already served one year awaiting trial.
Example #2: John Doe was sentenced to one year. However, he never got out on bail, and he was in jail for a full year from the time he was arrested up until sentencing. Because of his “time served,” he will be released after sentencing.
Computation of “Good Time”: According to Alaska law, any person who is “sentenced to a term of imprisonment that exceeds three days is entitled to a deduction of one-third of the term of imprisonment rounded off to the nearest day if the prisoner follows the rules of the correctional facility in which the prisoner is confined” (http://touchngo.com/lglcntr/akstats/statutes/Title33/Chapter20/Section010.htm). In other words, this means that any person who has a sentence of three days or longer will only have to serve 2/3 of their sentence.
Many victims are not advised about “good time” by prosecutors because this law falls under the Department of Corrections and takes effect after the case has closed. The attorneys and judges are not involved with “good time.”
Example: John Doe is sentenced to 5 years. He follows the rules at the correctional facility, so 1/3 of his time (1.65 years) is automatically deducted. John Doe will only have to serve 3.3 of the 5 years he was sentenced.
Putting It All Together: An Example of Sentencing in Alaska
John Doe was sentenced to 30 years, with 10 suspended for charge X, and 10 years with 5 suspended for charge Y. This sentence will be served concurrently (at the same time). John Doe has also been in jail for 2 years waiting for trial. Lastly, it is assumed that all inmates will receive the good time deduction:
| Charge | Time | Suspended | Actual |
| X | 30 | 10 | 20 |
| Y | 10 | 5 | 5 |
| Total sentence: | 25 years | ||
| Total time to served concurrently: | 20 years | ||
| Time served | -2 years | ||
| Good Time of time to serve (20 years) | -1/3 or 6.6 years | ||
| Total time you can expect John Doe to spend in prison: | 11.4 years | ||
Understanding sentencing can be confusing to people outside the legal profession. Victims are advised to consult with the paralegal involved in the case and with their advocate for assistance in understanding sentencing.
Further Reading:
Office of Victims’ Rights, Alaska
U.S. Department of Justice, Office of Justice Programs
Alaska Criminal Justice Commission
Victims’ Rights Handbook, Alaska
VFJ Executive Director Victoria Shanklin traveled to Dillingham and Unalakleet this month as part of the Missing and Murdered Indigenous Persons (MMIP) Working Group.
The group witnessed the historic signing of Alaska’s first MMIP Tribal Community Response Plans, aimed at finding lasting solutions to the state’s MMIP crisis. The plans are a guide for how a tribal community will build response capacity, collaborate with law enforcement, and provide other support in response to a report of a new missing or murdered Indigenous person. Adopting the new plans were Curyung Tribal Council of Dillingham and Native Village of Unalakleet.
“We were extremely honored to participate and look forward to more collaboration,” said Shanklin.
Dillingham, Unalakleet and Native Village of Koyukuk are three communities participating in a pilot project to develop culturally relevant plans on how a community will respond in the event a person goes missing or is murdered. This includes how and when to submit a missing persons report, what will happen during the response, who will lead the investigation, and the response structure. The plans also lay out training opportunities for volunteers.
The Curyung Tribal Council and Native Village of Unalakleet will conduct a table top exercise with the National Criminal Justice Training Center to pilot and practice their response plans. The goal is to create model response plans that other tribal communities across Alaska can use.
Alaska is one of six states developing response plans as part of the U.S. Justice Department’s MMIP initiative. The others are Michigan, Minnesota, Oklahoma and Oregon.
“The adoption of these plans marks a major milestone in finding lasting solutions to the MMIP challenge in Alaska,” said Acting U.S. Attorney, Bryan Wilson of the District of Alaska. “Over the last few months tribal representatives, law enforcement officials and victim service organizations have partnered together to design a plan that is right for victims and their families while remaining culturally sensitive and balanced with what the law requires.”
Thank you to Gov. Mike Dunleavy and legislators for understanding that the massive cut in federal funding that victim services agencies were facing this spring would have been absolutely devastating. Thank you for prioritizing the work VFJ and others do to serve victims of violent crime in Alaska.
While VJF still faces a reduction in funding as of July 1, we are no longer facing financial disaster. Thank you to everyone who contacted elected officials and testified on behalf of victim services. We still need Congress to #FIXVOCA, meaning pass legislation that would amend the Victims of Crime Act (VOCA) from which VFJ receives most of its funding.
More than 30 victim service organizations in Alaska, including VFJ, face a looming 35% cut to VOCA funds — funding that keeps shelters open, operations running and staff paid. In short, it’s because VOCA funding comes from the Crime Victims Fund and deposits into that fund from criminal penalties, forfeitures and fees have been on the decline.
The drop is partly due to COVID-related court delays but also because federal prosecutors are increasingly relying on deferred and non–prosecution agreements to resolve white-collar cases. Penalties that result from these type of agreements are deposited into the general treasury, not the Crime Victims Fund.
A bipartisan effort is underway in Congress to amend how the Crime Victims Fund receives its funding. It’s called the VOCA Fix bill. More than 50 state attorneys general have called on Congress to take steps to replenish the Crime Victims Fund.
The VOCA Fix bill would restore funding by redirecting fines and penalties from deferred and on-prosecution agreements to the CVF.
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