Plea Negotiations – Criminal Lawyers

Hire a Criminal Lawyer to Help with Plea Negotiations

Plea negotiations can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal lawyer representing you if you plan to negotiate a plea. An experienced criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation.

Factors a criminal lawyer considers include:

• The strength of the evidence the prosecutor may present at trial; and
• The potential penalties that the defendant could be subjected to if the case went to trial and they lost.

In the discovery process (sometimes known as the discovery phase) the prosecutor is required to reveal a wide array of information to the defendant's lawyer prior to trial. The information that must be revealed and the timeframe in which the information must be provided varies from court to court. Information that tends to show that the defendant isn't guilty of the crime charged which must always be revealed is called "exculpatory information."

If the defendant decides to plead guilty, the plea will be taken in open court, by a judge who advises the defendant of the rights that are being given up by pleading guilty. A court may also require the defendant to recite a "factual basis for the plea." This means that the court, in order to be assured that the defendant actually committed the crime to which he’s pleading, requires the defendant to testify to certain facts concerning the crime.

A defendant entering a plea may also be required sign a statement certifying that he or she understand the plea and is entering into the agreement voluntarily and without pressure from the prosecution or the defense attorney. In the statement, the defendant will also acknowledge that the judges are not bound by the agreement when deciding and rendering sentences.

If a judge believes that the plea bargain is too lenient, he or she can reject the plea and order the prosecution and defense parties to renegotiate, or order the matter set down for trial.

Should I hire a Criminal Lawyer?

To assure that plea negotiations work as much to your best interests as possible, it is best to hire an experienced criminal lawyer right away--your legal rights and future may depend on it.