One of the most common ways to resolve a criminal case in Los Angeles is for the defense to negotiate a plea bargain with the prosecutors or the judge, talk about the case, and devise a resolution.
The process, in general, has to do with the defense giving the mitigating circumstances to the prosecutors and the judge by way of character letters, the client's version of events, obviously positive and mitigating towards the client, any mitigating details that the prosecutors might not know because the police did a weak investigation.
Understanding the structure and operations of the Los Angeles District Attorney's Office, which functions like a business, can significantly empower a defendant and their criminal defense attorney.
Important Factors of a Plea Bargain
So, when it comes to taking a plea bargain, the biggest thing is that you, as a defense attorney, have to figure out what will matter to the prosecutor.
In doing so, there are several different factors you have to take into account, and that is the person's prior criminal record, what they did in the current case, what type of harm may have come to a victim or victims in the case – a whole slew of different factors that the prosecutors and judges look at.
You also have to consider what jurisdiction you are in. Are you in one of the more harsh jurisdictions regarding plea bargaining in LA County or one of the better jurisdictions?
You have to look at who you are plea bargaining with. Are you plea bargaining with the prosecutor, or are you plea bargaining with the judge?
If you are plea bargaining with the prosecutor, which is usually the case, what type of a prosecutor is it? What level of authority do they have?
Are they a boss, or are they just a general Deputy District Attorney or Deputy City Attorney? What type of biases do they have regarding these cases that you are dealing with right then? If you can't work out a deal with them, you should consider going to their boss. Is their boss reasonable? So, you have to direct and steer a case regarding plea bargaining.
Knowing the Type of Plea Bargain
You also have to know the right kind of plea bargain. You're not going to try to plea bargain a case when you don't have all your ducks in a row – when you don't have all your mitigating evidence together – because what will end up happening – and a lot of inexperienced, unseasoned attorneys do this – you'll get an offer on a case that you don't like. Then you'll take it back to your client, who will say, what the heck is this?
Were you able to show them my character letters? Did you show them this? Did you show them that? An inexperienced attorney will say, no, I didn't do that, and it's tough to un-ring that bell once the prosecutors have made an offer in a case. It could be a horrible offer for your client, and now you must deal with a hit.
Strategizing is key when negotiating a plea bargain. Sometimes, you may need to weaken the prosecution's case, for instance, by demonstrating problems in their evidence during a preliminary hearing. This strategic approach can help you convince the prosecution of your desired outcome.
You have to do some investigation. Could you send your investigator to talk to these witnesses who are giving information against your client? So, until you figure out what defense tactics and strategies you can use to angle the case in a good light for your client—so you can get a good plea bargain for your client—do not make any moves as a defense attorney.
Don't do anything stupid that's going to ruin things. That's why defendants will get cheap attorneys who don't know what they're doing. They may have some Internet dollars and can spend a bunch of money on the Internet, but they don't have the credentials to back it up.
They lack experience, know-how, local connections, and knowledge of the type of case they're dealing with. They also don't understand the value of the case, so they try to plea bargain and muddy the waters. A poorly negotiated plea bargain can result in a harsher sentence or a missed opportunity for a better outcome.
Retain an Experienced Criminal Attorney
Choosing the right attorney is crucial. An experienced Los Angeles criminal defense attorney can guide you through the plea bargaining process effectively. Once you have a competent attorney, trust their expertise and assist them as they navigate the plea bargaining process.
I get you in and sit down – either in my office or at the courthouse and we talk about the good and bad stuff. Here's what you could get.
Here's what you have no chance of getting. Then we figure out our bottom line – what we can live with under the circumstances, and we do damage control. I sit down with the prosecutor. I figured out the best way to get what is fair and reasonable and what you must have in your criminal case through a plea bargain.
A free initial consultation is the best option for more information on plea bargaining criminal cases in LA. Get the information and legal answers you seek by calling (213) 542-0979 today.
