When faced with the daunting question of how to proceed with a criminal charge in California, particularly in Los Angeles,  it's crucial to seek the guidance of a skilled criminal defense attorney. Their expertise in understanding your case and criminal record, and their ability to negotiate with the prosecutor and judge on your behalf, can provide you with a sense of reassurance and confidence in your legal representation.

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.

It's crucial to consider the prevalence of plea bargains in Los Angeles. Over 95% of criminal cases are resolved this way, a statistic that underscores the importance of this option. Prosecutors typically file cases only when they believe they can win, which is why most cases are resolved through plea bargains.

If the case has issues and the client doesn't see a clear path to victory, it's likely the case won't be filed. This decision is often made after a thorough evaluation by a skilled criminal defense attorney.

Often, I receive cases that are already pre-filed.  We do an investigation.  We speak with the prosecutors beforehand, send a letter, and include a mitigation package.  Give them out investigation.  I've identified witnesses that the police couldn't find; give them 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 taxpayers' 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 always; sometimes they're wrong.  Sometimes, they rely too heavily on the police, who don't conduct thorough investigations.

Remember, the police aren't lawyers, so they may not be familiar with all the potential issues that can arise in some of these cases, particularly those that are particularly complex.

If someone robs a bank and the police catch the person 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 specifics 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.

However, there are some cases where something did happen.  There are several witnesses present.  It's a he-said/she-said situation, and the evidence could go either way. If the police don't do their job and fail to gather 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 that the prosecutors and judges look out for in deciding what type of plea bargain to offer to 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 that the prosecutors and judges look out for in deciding what type of plea bargain to offer to 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 counteroffer.  Now, not every case is a situation where a counteroffer 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 counteroffer 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 ultimately depends on the specific 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 that the first offer comes from the head DA, and it's not going to be changed by anyone unless they want to get fired.

It's important to understand that the legal process, including plea bargains, is designed to be fair. This fairness, coupled with the right legal counsel, can provide you with a sense of security and the assurance that your best interests are being protected.

So, if you or a loved one finds themselves in a tough spot, you're in one of the Los Angeles criminal courts, looking for an attorney.  You're looking to decide whether a plea bargain makes sense based on your particular circumstances. Pick up the phone, make the call to the Hedding Law Firm, and we'll sit down to get the ball moving in the right direction.