The first decision a defense lawyer and their client will make is that the matter will not proceed to trial. The lawyer should then exhaust all possible motions that may be submitted on behalf of the client. When it appears that the client will have to work out a deal with the prosecution, the plea-bargaining procedure begins. Typically, the defense attorney will approach the prosecutors to learn more about their case.
Plea bargains in criminal cases in California
Plea bargaining in California criminal cases refers to negotiating with the prosecutor to reach an agreement that is acceptable to both parties.
Before I contact the prosecutors, I prefer to have our position in place so that I know precisely what my client is prepared to accept and what they are not willing to accept. This allows me to try to persuade the prosecutors of our case while speaking with them. I’ll also mention some of my client’s positive attributes.
This could include things like no having a criminal record, being employed, family, children, and recovery work from alcohol, drug, or mental health issues.
There is no one-size-fits-all method to negotiating a plea deal. A defense attorney must consider the specific defendant as well as the circumstances of the case. Prosecutors are sometimes moved by acts such as paying the victim back reparation.
Package for mitigation
If the prosecution demands prison time but your client is afraid of going to jail, we can pay the restitution up front, which makes the prosecutors look good since they now have a victim who has been made whole in return for no jail time.
I also enjoy putting together what is known as a mitigation package. I gather character letters and documentation that detail all of a defendant’s positive attributes so that we may remind people that the defendant is a person, not a case or a crime.
We want to persuade the prosecutors to provide a resolution that preserves their rights, freedom, and liberty in this way.
We frequently strive to get felonies reduced to misdemeanors in order to keep people out of prison. To clarify, the process of negotiating a plea offer will vary based on the defendant and the facts of their case.
Call now for help with plea bargaining your criminal case
Whether you have been charged with a state or federal crime, you can talk to Chambers Law Firm at 714-760-4088 to find out what your options are. Call us today for a free legal consultation.
