NEGOTIATIONS & PLEA BARGAINS

After your arraignment is over and the issue of bail has been resolved, it is time to begin to find and work towards solutions in your criminal case. It is absolutely necessary to have a skilled lawyer representing you during this phase of the process.

Every case is different and is inevitably complex in its details and how it applies to the specific law at hand, and only an experienced attorney can make sure that you receive the best “deal” possible, should you choose to avoid a time-consuming trial.

The vast majority of cases will end in a plea bargain before the case ever reaches trial. In a plea bargain the defendant will agree to plead guilty to a charge, normally lesser than the initial charge, in exchange for a lighter sentence or the dismissal of related charges.

Of course the deal you are offered can vary from person to person and will predictably be more favorable with a skilled lawyer and negotiator at your side.

The decision to take a deal or not is significant, and based on a variety of factors from both the defendant and prosecution’s side. In deciding to resolve the case through a plea bargain the severity of the alleged crime, prospects at trial and strength of evidence are normally taken into account.

Due to the overburdened court system and crowded jails as a result of our litigious nature in the United States, plea bargains have become a necessity in lieu of lengthy, costly criminal trials.

In any charge the plea bargain can play out in a number of different ways, but generally there are three standard scenarios.

In the first the prosecutor will offer to reduce the charge outright, allowing the defendant to plead to a lesser charge than the original.

If there are multiple charges, the prosecutor may allow the defendant to plead guilty to one charge in exchange for the dismissal of another.

Finally, in the event that the state’s case is strong and the evidence against the defendant is so overwhelming that a victory at trial is likely, the prosecutor may offer to allow the defendant to plead guilty to the original charge but for a lighter sentence than what would be faced in a guilty verdict at trial.

When plea negotiations with the prosecutor commence it is essential to have an experienced attorney in your corner. Although a standard element in any criminal charge, the negotiations can be quite complicated.

Only a well-practiced, knowledgeable criminal defense attorney will provide the best strategy to support your interests in these critical moments.

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