Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Criminal Defense Attorney: What Exactly Goes on During Plea Negotiations?

You might or might not be surprised to find that plea agreements account for the majority of criminal prosecutions in California. Does this mean that a criminal defense lawyer is not required? In reality, the reverse is true. You need an experienced negotiator on your side if you want the best result for your case. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 after reading on to find out what to anticipate during a plea bargain.

There are numerous reasons why a plea agreement can be your best choice

You might be asking why you wouldn't want to contest every accusation leveled against you. Depending on the evidence against you, this might be the wisest course of action. The best course of action may be a plea agreement if the list of supporting evidence is extensive. In many instances, we may negotiate a better bargain for you by having felony charges reduced to misdemeanors. The primary goal of a plea agreement, in the end, is to obtain a lesser punishment.

Often, a plea bargain is the prosecutor's best course of action as well

You might be wondering at this point why the prosecutor would seek a plea bargain. After all, their defendant is facing a mountain of evidence in this case. Why wouldn't they want to proceed with the trial in that case? Money is the simple solution. Simply put, prosecutors lack the time, means, or funds necessary to try every case. Due to this, the major objective is frequently to obtain a guilty plea, even if it is to a crime that is significantly less serious than the one they suspect the defendant of.

One party may begin the plea bargaining procedure

The prosecution may come to us and offer a lower charge in exchange for a guilty plea, or your counsel may approach the prosecution with a plea offer. Depending on your case, we may begin the process right away or wait for the prosecution. It may be appropriate to let them start the discussion in certain cases even while we want to move the matter along as rapidly as we can in others.

A prosecutor is not required to provide or accept a plea deal

A prosecutor is frequently unwilling to propose a reduction in the charge or the sentence. Instead, they will present their case in court. This is frequently the case if the offender has a lengthy list of arrests and convictions, or if a conviction would constitute the third infraction. In contrast, a first-time offender is virtually always offered a plea bargain for the majority of criminal offenses.

Talking about the best choice can be difficult. A defendant frequently refuses to accept a plea agreement at all. We will support you while you make your own decisions, which is your right. Having said that, if we think pleading guilty is in your best interest, we will be truthful and present our case to you. Call Law Office of Michael L. Fell at (949) 585-9055 to learn more about your choices.