With sentencing reductions happening more frequently, some prosecutors are now pushing back through plea deals.
In recent years, California lawmakers have enacted a number of new laws designed to reform the criminal justice system, which had long meted out harsh punishments for offenders. Some of these laws led to reductions in sentences for people already convicted of crimes. In some cases, people currently serving time were released from prison under these new sentencing schemes.
For most Californians, these laws were a good thing: a way to strike a balance between justice and maintaining law and order. Yet for others, including some prosecutors and victims’ rights advocates, these sentencing reductions led to unfair results — like people convicted of crimes being let out “too early,” in their opinion. Others were concerned that a reduction in sentences for defendants in criminal cases would lead to a spike in crime rates (a fear that has proven to be unfounded, according to a murder defense lawyer in San Bernardino, CA).
According to a recent article, some prosecutors have found a way around these new laws — by requiring defendants to agree to sign away their rights to any future legal changes as part of a plea deal. The article highlights the case of Victor Hugo Sanchez, a man arrested in Mexico in March 2013 and charged with killing a San Diego woman in 2005. At trial in February 2019, the jury deadlocked. Sanchez was then offered a plea deal for 11 years for manslaughter — but only if he agreed to give up his right to any benefit from future legal changes, including legislation or court changes that could reduce his sentence.
While these types of plea deals are relatively unusual, they may become more common as prosecutors grow increasingly frustrated with the number of criminal justice reforms enacted by the California Legislature. One California legislator, Assemblyman Reggie Jones-Sawyer of South Los Angeles, has introduced a bill that would block these types of bills. Robert Weisberg, a criminal law professor at Stanford, questioned whether these types of plea deals were constitutional.
In an era where prosecutors may seek to make aggressive plea deals to avoid possible sentence reductions in the future, it is more important than ever to retain a skilled murder defense lawyer in San Bernardino, CA, particularly if you are facing serious criminal charges. It is difficult to predict what types of changes the legislature might make in the future — and you will need skilled legal advice to help you make the best possible decision on a plea deal. While an agreement with this type of provision may result in less time served, it may mean signing away important future rights. These factors should be carefully weighed and considered with your murder defense lawyer in San Bernardino, CA before making any decision on a plea deal.
At the Chambers Law Firm, our team of legal professionals is highly skilled at negotiating plea deals, and taking cases to trial when a favorable agreement cannot be reached. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
