This is one of the biggest burning questions people have if they're charged with a crime anywhere in California. It is sometimes not the easiest question to answer, and you'll want an answer with the guidance of a skilled criminal defense attorney who knows you, your case, and your criminal record, and can negotiate with the prosecutor and the judge on your behalf. They can advise you on whether you can win if you go to a jury trial.
But that's really the evaluation, isn't it? I mean, you have two choices in general in criminal cases when they're filed against you. You either fight the case. Please take it to a jury trial and win, or you negotiate with the prosecutor and the judge and work out a resolution, take a plea bargain and do the best you can to do whatever it is you're ordered to do, try to get the case dismissed at a later time and move on with your life.
When you realize that over 95% of criminal cases filed in Los Angeles are resolved by way of a plea bargain, obviously, this is something you want to consider before making a decision. There's a reason that most cases are resolved by way of a plea bargain, and that reason is that prosecutors don't file cases unless they really believe that they can prove the case.
If the case has problems and the client doesn't think they can win, they will most likely not file it. There are cases that go unfiled every single day.
A lot of times I get cases pre-filed. We do an investigation. We speak to the prosecutors before-hand, send a letter, a mitigation package. Give them out investigation. I've pulled witnesses that the police couldn't find, give it to the prosecutors.
They look at it and say we're not filing this case. Hedding's going to beat us. He's going to win the case. We can't beat them, so why file it? We're not going to waste the taxpayer's money on a case that's no good.
So, if they file the case, the prosecutors actually think they can win and think they have the evidence, and most of the time, they do. Not all of the time; sometimes they're wrong. Sometimes, they rely too much on the police, who don't do a very good investigation.
Remember, the police aren't lawyers, so they don't know many of the problems that can arise in some of these cases, depending on how complicated they are.
If somebody robs a bank and the police grab the guy coming out, that's not very complicated. There may or may not be an argument, but the police are not going to get into the ins-and-outs of certain issues related to a situation like that.
They're going to arrest the person, take witness statements, pull video from the bank that the person's robbed, and then they're going to turn it over to the prosecutors and let them deal with it.
But there are some cases where something happened. There's a bunch of witnesses around. It's a he-said/she-said situation, and evidence could go either way and if the police don't do their job and don't pull all the witnesses, then that's obviously going to be a problem.
Examining All The Case Details and Prior Criminal Record
Understanding the factors that influence plea bargains is crucial when considering your legal options. Prosecutors take several key factors into account when determining a plea bargain, and being aware of these can help you make informed decisions about your case.
Number one, they're going to look at what you did in this particular case. How dangerous was it? How serious was it? What was the impact on a particular person, the public, or society? The second thing they're going to look at is do you have a criminal record. If so, what type of criminal record? Are you doing the same thing over and over again? Do you have any prior strikes on your record? Or do you have a clean record? Those are two huge factors the prosecutors and judges look out for in deciding what type of plea bargain to offer your attorney.
Are you doing the same thing over and over again? Do you have any prior strikes on your record? Or do you have a clean record? Those are two huge factors the prosecutors and judges look out for in deciding what type of plea bargain to offer your attorney.
Once that's offered to your attorney, they can sit down with you, and you can discuss whether or not that's something you want to take. Or, you can make a counter-offer. Now, not every case, a counter-offer is applicable.
In other words, sometimes the prosecutors offer you the best they're going to offer, and that's it. Your attorney is sophisticated enough to realize that, so they suggest that you take the deal. However, in cases where the evidence is weak or there are mitigating circumstances, a counter-offer might be applicable.
Other times, your attorney gets to the prosecutor before they even make the offer, so they know whatever they offer is going to be the best offer. It really just depends on the facts and circumstances of the case.
I can't tell you how many times people come to me and claim that, well, that's only the first offer, and they're going to make a better one. They don't realize sometimes the first offer comes from the head DA and it's not getting changed by anybody unless they want to get fired.
It's important to understand that the legal process is designed to be fair. While it may seem daunting, with the right legal counsel, you can navigate the complexities of a plea bargain and make decisions that are in your best interest.
So, if you or a loved on find yourselves in a tough spot. You've got a situation where you're in one of the Los Angeles criminal courts, you're looking for an attorney. You're looking to decide whether or not a plea bargain makes sense or not based on your particular circumstances, pick up the phone, make the call to the Hedding Law Firm, we'll sit down and get the ball moving in the right direction.