How does plea bargaining work?
If you or a loved one find yourself in trouble with the law, it’s probably going to be a pretty scary experience. I know this because I am a criminal lawyer and I speak to people every day in their exact position. When you’re in trouble, you’re probably thinking of two things: how can I make this go away; and I’m going to have to go to jail. Often times, plea bargaining has a lot to do with the answers to those two questions.
Guilty plea negotiation, as you probably know, is the process of reaching a solution to your problem with the prosecutor. Generally, plea bargaining takes place between your criminal attorney and the prosecutor on the case, although sometimes it will be with others (including the victim in certain circumstances). Guilty plea negotiation is a way to resolve cases without going to trial. Usually, an agreement is reached between both parties regarding the type of crime that will be admitted and the sentence that will be imposed.
The plea negotiation process is also fairly straightforward. The process generally begins when the prosecutor makes an initial offer to settle the case. This offer, like the offer to purchase a house, generally includes everything the prosecutor wants. At that point, your criminal attorney will review the plea agreement, discuss the costs and benefits of accepting it, and decide where to go from there.
If a plea offer is not accepted immediately, your attorney will go to work to obtain a better resolution. This happens by combining several different factors. First, your attorney will analyze the facts of the case and determine what problems, if any, exist for the state. If it is going to be difficult for them to prove your case, then you have a lot of influence to get a good result. Other factors that help in the negotiation are your criminal record, willingness to do things that will replace jail, and any legal problems the prosecutor may have.
In any case, the number of problems is directly related to the deal that can be achieved. Bad cases usually get good deals. That is the prosecution’s negotiation process. Good luck getting the best deal you can.
