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Fight or Plea Bargain

Fight or Plea Bargain a Criminal Case

This is a big decision.  For some people, it's straightforward because they are innocent and know they will fight the case and take it to a jury trial.

Of course, the flip side is proper.  Some people know they did something wrong.  They know they're going to have to plea bargain.  They want to ensure they get the best resolution and protect as many of their rights as possible.

Hiring a great attorney to help you negotiate the plea bargain is critical in these criminal defense situations.

With 26 years of experience in criminal defense, I understand that deciding whether to fight or plea bargain can be a complex decision. Often, prosecutors over-file the case, charging individuals more than they should plead guilty to. This can put you in a difficult position. But with the right attorney by your side, you can confidently navigate this process, knowing that your rights are being protected.

Now, that puts them in a difficult position.  They think, well, I did something wrong, but I'm not going to plead guilty to that, or I did something wrong, and I don't think I should have to swallow a criminal case on my record.  Why can't they warn me?  Why do they have to make me plead guilty?

Close Review of the Criminal Case and Prosecutor's Evidence

So, obviously, with a thousand different crimes and a thousand different scenarios, I can't give you all the answers in a post like this. I think the key thing is it has to be handled in a step-by-step manner:

  • First, you have to sit down with an attorney — somebody like me who has a lot of experience;
  • We have to talk about exactly what happened in your scenario;
  • We have to see what you're either being investigated for or charged with;
  • Then, we can look at what the elements are;
  • What the law is related to that and see what facts the prosecutors will be able to show;
  • Based on the police report and whatever information witnesses give them.

We will also look at the police department that investigates the case, and then we have to mix your version of events and what you say about it.  Maybe there's some investigation and information on your side that can be done that can make a big difference in your case.

Deciding the Best Defense Strategy for the Most Favorable Outcome

Once we have all of these things together, we can sit down and hash out the best way to handle the case.

When I get on a case, I like to get my client's version of events. I also read through the discovery to see what issues are involved, what information the police have, and what the prosecutors are likely to argue.

Then, I think the last piece of the puzzle for me, in addition to using my experience and know-how, having traveled this path before, is that if there are issues in the case, I'm going to challenge the prosecutor with those issues.

Negotiating With The Prosecutor

When negotiating with the prosecutor, I don't back down.  I will directly address any issues I see, asking them how they plan to overcome these obstacles. Prosecutors are lawyers, and they're ready to respond. But with my experience and know-how, I can challenge them on these issues, empowering them with a strong defense.

With that response, now I can go to my client and say, here's what they will argue.  Here's what we're going to discuss.  Here's what my experience tells me is likely to happen.

Here's where the battle lines will be drawn in your case, and then we'll be able to think about it and discuss the issues.

There are pros and cons to fighting the case, and I've done this a lot.  I've handled thousands of cases.  We're usually able to come to a resolution and decide, okay, here's our roadmap.  Here's what we're going to do.

For example, we're going to fight the case.  We have to do this investigation.  We need to get this information together.  We need to prepare you in this way so that you're ready to testify in the case, whatever the case.  We implement the plan and are prepared to deal with the case.

If you need help with a criminal case, you've come to the right place.  I'm here for you whether you're looking for the best attorney or need guidance. Don't hesitate to call and ask for a meeting with Ron Hedding.  I'm ready and eager to assist you.

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