There are many ways to respond to pending criminal charges. In some cases, there is a clear defense strategy available because the defendant has an alibi or grounds for an affirmative defense. Other times, the state may have very strong evidence.
The defendant may want to avoid a trial, but they may not necessarily want to put themselves at the mercy of the courts by entering a guilty plea. Plea bargaining with the prosecutor’s office is one way to respond to pending criminal charges. A large percentage of criminal cases end in a plea bargain. A successful plea bargain can result in the state making certain concessions in exchange for the defendant entering a guilty plea.
What types of concessions can a defense attorney request when negotiating plea arrangements with the prosecutor?
Reduced charges
It is relatively common for prosecutors to bring the most severe charges they can. They might pursue felony charges despite there being a similar misdemeanor offense. They might pursue multiple different criminal charges for a single incident. An attorney may be able to convince a prosecutor to drop secondary charges so that the defendant only has one charge on their record. Other times, a prosecutor may agree to accept a guilty plea to a lesser charge.
Limited penalties
The goal of plea bargaining is often to avoid the worst possible penalties the courts could impose for specific criminal charges. A defendant may hope to avoid jail time or years of probation. Prosecutors can potentially commit to certain reductions in penalties in exchange for a guilty plea. So long as the terms set align with the sentencing guidelines for the offense, the prosecutor could limit the penalties that the courts impose.
Controlling the information submitted
When a prosecutor submits paperwork to the courts, the claims that they make against a defendant become part of the public record. It may be possible to request that the prosecutor limit the details disclosed in court filings to protect the reputation and future opportunities of the defendant.
The nature of the charges and the evidence that the state has to build its case can influence how much leverage a defense attorney has when negotiating a plea bargain. Looking at a variety of ways to respond to criminal charges can help defendants secure the best outcome given their circumstances.
