A San Diego plea bargain attorney has the skills and experience necessary to help a client resolve his or her case in a favorable way.
THE PLEA BARGAIN
A plea bargain happens when the criminal defense lawyer, his client, the prosecutor, and the judge make an agreement about a case to dismiss or reduce the original charges.
A plea bargain also usually includes an agreement about the terms of the sentence such as serving no time in jail, alternatives to serving time in jail, and reduced fines.
There are often other terms of a plea bargain that involve such things as sex registration, educational programs, public work service, rehabilitation, and community service that may be involved in a plea bargain as well.
An experienced criminal defense attorney knows what an appropriate plea bargain should be and how to get it done right.
HOW DOES THE ATTORNEY GET THE BEST POSSIBLE PLEA BARGAIN
Strengths of our case: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, examines all the forensic evidence, interviews witnesses, and develops the strengths of a case.
Weaknesses in their case: By the same process, the criminal defense attorney also develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, and evidence that may be missing or inconclusive.
Presentation: The criminal defense attorney then makes a persuasive presentation about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve a plea bargain for his client.
WHEN DOES THE LAWYER GET A PLEA BARGAIN
The plea bargain process may happen in a court room where the prosecutor and the defense attorney meet to discuss the case, or the meeting may take place in the judge’s chambers or office, or by informal communications by telephone or email between the defense lawyer and the prosecutor assigned to the case.
It takes time and dedication to work out a plea bargain, and sometimes it is necessary for the attorney to continue fighting the case, investigating, filing motions for discovery of evidence, and preparing for trial.
When the defense attorney has the best offer of a plea bargain for the client, the attorney and the client meet to talk about the details of the plea bargain, and then decide whether to accept the plea bargain.
If the plea bargain is acceptable, the attorney notifies the prosecutor and the judge.
Then the judge who is in court will accept the plea bargain and set a date and time for sentencing either immediately or at a later date in court.
PLEA BARGAINS IN MISDEMEANOR CASES
Arraignment: A plea bargain may occur sometimes at the first court date, called the arraignment, if the attorney is well prepared and has developed strong reasons and supporting documentation ahead of time to work out a deal with the prosecutor and the judge.
Otherwise, if a case cannot be settled with a plea bargain at the arraignment, the criminal defense attorney will plead not guilty and set the case for a pretrial conference at a later date.
Pretrial Conference: The pretrial conference date is often set in a new court department with a different prosecutor. Prior to, and during, the next pretrial conference, there is another opportunity to strike a deal for the client due to a change in circumstance.
Things change over time: New information about the client might become available, new witnesses might come forward, old witnesses might no longer be believable, additional information that benefits the client can be presented, the police report may indicate an error or a mistake in judgment that helps the client, or the evidence may not turn out to be very strong.
This new information presents the opportunity to work out a good deal and resolve the case.
PLEA BARGAINS IN FELONY CASES
Readiness Conference: If the client is charged with a felony, the process for resolving the case is similar to that for misdemeanors. The main difference is that a felony case is almost never resolved at arraignment. More often the case is resolved at the next court date called a readiness conference, similar to a pretrial conference in a misdemeanor case.
Preliminary Examination: The client has the right to have a preliminary examination in a felony case. The preliminary examination is a hearing in which the prosecution’s witnesses must come to court and testify.
The witness testimony, especially with an experienced defense attorney cross-examining them, can reveal weaknesses in the prosecution’s case that may lead to dismissal of all or some of the criminal charges at the end of the preliminary examination, or at another court hearing during the pretrial process.
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Contact the Law Offices of David Pflaum for help
(760) 806-4333
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