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Should I Accept A Plea Bargain Instead Of Going To Trial In Federal Court?



Obviously, you’re going to have to assess whether you should accept a plea bargain for yourself based on whether or not you’re guilty or innocent of the crime and whether or not you believe through consultation with your attorney that they can prove the crime against you. If, in your mind, you believe that they’ve got the goods on you and they’re going to be able to prove the case against you, then yes, you probably should work out some sort of a resolution with them. Whether you accept it or not is something that you and your attorney need to sit down, talk about, and figure out what the ramifications are of the plea agreement that you’ve been offered by the government. Also, before you’re offered a plea agreement by the federal government, you’re going to want your attorney to talk Trialto them and help shape what that plea agreement is going to be before it’s offered to you. It’s much easier to shape your own destiny when it comes to federal plea agreement than it is to just accept what the federal government is giving you because obviously, they may give you something that you don’t want. In deciding whether you accept the plea agreement and how you negotiate with the federal government, obviously, this is something you’re going to have to rely on your federal criminal defense attorney to guide you through.

Should My Attorney Accompany Me To Meet With The Probation Officer Preparing My Pre-Sentence Report For My Federal Case?

Yes, an attorney can definitely go with you; that’s a right that you have when you meet with your federal probation officer. Typically when you’re meeting with them, they’re going to prepare a report for the judge and they’re going to give their assessment of your case, your circumstances, your life and then they’re going to make a recommendation to the judge as to what they think your sentence should be. You definitely want your attorney there and you have a right to have your attorney there. That part of the process of them submitting paperwork for the judge and a report for the judge about you, your life, your background and then the probation department is going to give a recommendation as to what your sentence is going to be and the case is something that the judge will consider. You want your attorney there to make sure you assert all your rights. You have the consultation on what to say and what not to say. Also, your attorney will help you highlight the good things that the judge should consider in your sentencing and be there to answer any of your questions. You’re absolutely entitled to have your attorney for the pre-sentence meeting with their probation. You want your attorney there because that’s a first step towards getting you the best possible sentence in your federal case.

What Recourse Do I Have If I Plead Guilty Or Am Convicted In Federal Court?

If you’ve gone to trial and you’ve lost the case, depending on what happened in the trial and whether any of your rights are violated, you might have the right to either file a motion for a new trial with the judge that heard the case or you can file a notice of appeal and then you hire your own appellate lawyer or the government will appoint appellate lawyer for you. You still have rights even after your trial if you’ve lost, though obviously, you’re going to have to have some issues in order to be able to be successful in a new trial motion or on an appeal.

Will I Have To Serve My Entire Sentence In A Federal Case?

Across the nation when somebody is given a certain sentence in a federal case, they will serve 85% of that sentence. There are things that can be done to try and get you out earlier. For example, there is a program called RDAP which is basically having to do with you having some sort of a drug or alcohol problem or substance abuse problem that you’re entitled to up to a year off your sentence. There are other things that your attorney can argue for again depending upon the circumstances of your case, but you should expect in most cases, whatever your sentence is, to serve 85% of that sentence in the federal bureau of prisons.

For more information on Plea Bargain In A Federal Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.

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Ronald D. Hedding, ESQ.

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