Jared Fogle case an example of a plea deal gone wrong

Fogle, of Subway fame, agreed to a plea deal with five to 12 and 1/2 years prison time. He got almost 16 years.

Jared Fogle, the man who became a household name for losing weight by eating Subway sandwiches, is receiving media attention for allegations of child pornography and sex with minors. Fogle recently plead guilty to the child pornography charges and to crossing state lines to pay for sex with minors. According to a report by CNN, Fogle entered into a plea agreement with the expectation of receiving a five or at most 12 ½ year prison sentence. When the judge issued her ruling, he was sentenced to almost 16 years.

More on the charges

Fogle was accused of both possessing child pornography in the form of images and videos as well as traveling across state lines to engage in sexual explicit conduct with minors. Sexually explicit conduct was defined by the court as:

Actual or simulated (a) sexual intercourse, including genital-genital, oral-genital, or oral-anal, whether between persons of the same or opposite sex; (b) masturbation; or (c) lascivious exhibition of the genitals or pubic area of any person

Minors were defined as those under the age of 18.

Fogle agreed to enter a guilty plea for these charges. The plea filed with the court outlined a prison sentence that would range from five to 12 ½ years along with restitution payments to the victims.

Two factors likely contributed to the plea deal:

  • Medical experts testifying that Fogle was not "at high risk of offending again."
  • The age of the victims: 16 and 17 years.

According to Courthouse News, one medical expert stated the infraction was "mild pedophilia."

Lessons from the plea deal failure

Even with these factors supporting a shorter sentence, the court decided not to follow the deal agreed upon by both the government and Fogle. Instead, the judge presiding over the case sentenced Fogle to 188 months imprisonment, or about 15 years and 8 months. In addition to prison time, Fogle will also have a lifetime status as a registered sex offender and be the subject of lifetime supervision upon completion of the sentence. In addition to the restitution payments, Fogle also has to pay a monetary penalty to the government of $175,000.

This case provides a lesson to those facing similar charges. Plea deals need to be handled carefully. Individuals facing these accusations need to take the accusations seriously. Contact an experienced child sexual abuse lawyer. This legal professional will advocate for your rights, working to better ensure a more favorable outcome.