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

Not Every Case is Eligible for a Plea Bargain in California

When a person is accused of a crime and there is a wealth of evidence that they committed it, they sometimes assume that they have the option of working out a plea bargain with the prosecution. Unfortunately, this is not always true. In the state of California, there are certain crimes that are not eligible for plea bargains. Keep reading to learn what they are and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are in need of a free legal consultation with an experienced attorney.

It All Happened in 1982

It was 1982 when certain people believed that plea bargains should not be allowed due to violent criminals getting away with what they saw as unreasonably short sentences. Proposition 8 was passed, which prohibits plea bargains in specific cases such as DUI of alcohol or drugs, some felonies (such as those involving a gun), and violent sex crimes.

Prop 8 went on to say that plea bargains in those cases could only be accepted if the prosecution did not have enough evidence to convict the accused, could not secure testimony of an essential witness, or if the reduction or dismissal of as specific charge did not affect the entire sentence in a significant way.

There Are Loopholes That Get Around These Laws

If you have ever had a friend accused of a DUI or another of the above described crimes then you may be confused because they may have gotten a plea bargain. How is that possible? Simple: There is a fairly large loophole. The law does not apply to certain parts of the arrest and prosecution process including after the defendant is arraigned, before their preliminary hearing, and during a grand jury investigation.

The astute law savvy person may note that these are in fact the most likely times that a prosecutor and defendant would work out a pela bargain.

Are Plea Bargains Always a Good Option?

Obviously, if a person is innocent of a crime and has an alibi and other evidence to support their innocence then a plea bargain would likely not be a good option. But even if a person is guilty and there is evidence to support it, that does not necessarily mean they should agree to a plea bargain.

Remember that the job of the prosecution is to prove beyond a reasonable doubt that you committed the crime. They may be able to prove that you likely committed the crime but if there are holes in their story, even small ones, this could be enough to beat the charge at trial. Likewise, if there was misconduct on the part of the police, then some evidence could be inadmissible and the charges dropped.

If you are interested in getting the opinion of a criminal defense attorney for your specific case, we recommend contacting Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.