In an ideal situation, you’ll have strong defense arguments heading into your criminal case that allow you to beat back the prosecution’s allegations and secure either dismissed charges or an acquittal. But in some instances, the evidence gathered by the prosecution seems insurmountable. When this is the case, you might be concerned about taking your case to trial, worrying about the likelihood of conviction and the imposition of the harsh penalties sought by the state. This is a legitimate concern, and one that should cause you to consider whether you should engage in the plea-bargaining process.
Plea-bargaining is a negotiation. The state wants to secure a conviction and punish you while saving time and resources. As a result, they might be willing to drop certain charges in exchange for a guilty plea for less serious offenses. Or they may agree to certain sentencing recommendations as part of a plea deal. There’s a lot on the table, but your effectiveness during plea bargaining will depend on the strength of your case and how you approach negotiations.
How can you get a favorable plea deal?
While the specific approach you’ll want to take will depend on the evidence in play and the specific charges you’re facing, there are some steps you can take to give yourself an advantage during plea bargaining. These include:
- Identifying the prosecution’s motivations: The prosecutor in your case might have specific motivations in pursuing your case. If they want to make an example of you, then they’ll be looking for harsher penalties. If they simply want to clear the case or focus on a specific criminal offense, then they’re more likely to make a deal that’s favorable to you. If you can identify their motivations, then you’ll know where you’re more likely to be successful pushing back against the prosecution.
- Finding weaknesses in the prosecution’s case: Not all criminal cases have weaknesses, but many of them do have issues. If you can spot them, then you can exploit them to your advantage during the plea-bargaining process. This is especially true if you can articulate how you’re going to attack those weaknesses at trial. For example, if you can specify how certain evidence may be suppressible, then you might give the prosecution worry that their case is on rocky footing, which will spur them to resolve your case before trial.
- Understanding the charges you’re facing: If you’re facing multiple criminal charges, it’s imperative that you understand what the prosecution has to show to obtain conviction as to each of them and the penalties that can be associated with each of them. By gaining a full understanding of these factors, you’ll know where you’re better positioned to challenge the prosecution’s case and where you need to push to avoid the worst penalties confronting you.
Don’t get caught up in a bad plea deal
While the plea-bargaining process may prove beneficial, not every deal is favorable. So, don’t be too quick to agree to an offer made by the prosecution. Instead, fully consider your options and how best to challenge the prosecution’s case. Only then will you know what kind of plea deal you can realistically secure. In some cases, a favorable plea deal may not be possible and you’re simply better off taking your chances at trial. This is something you can discuss with your criminal defense attorney to ensure you make a decision that’s in your best interests.