Best Approach If Los Angeles Prosecutor Won't Change Their Offer To Settle A Case
The District Attorney's office in Los Angeles has over a thousand prosecutors, running like a big corporation. Just like any corporation, there are rules. There's a structure or hierarchy. So, when I have criminal cases – and I've been doing this for twenty-five years in LA county – and I have an offer that I don't think is fairly related to one of my criminal defendants, I'm going to use the District Attorney's office chain of command to try to get the best possible resolution for my client.
Often, the deputies in the courtrooms need more authority to make offers. So, if you're dealing with a deputy who has made an offer you don't think is fair, the next move would be to go to that person's boss.
Because there's a chain of command, several different angles can be used; for example, in a felony, there's always a supervising deputy district attorney in charge of all preliminary hearing courts and cases.
If you want a better offer on a case without a preliminary hearing, you should go to the supervising prosecutor.
Also, most cases are matrix or feed into a trial court. The trial prosecutor is usually the one who can make offers. Every courthouse in Los Angeles County has a number two and a number one prosecutor.
So, those are also options. The key is knowing the local courthouse and which of those prosecutors I mentioned is going to be most reasonable regarding your particular case—your client's particular scenario.
Judge Controls Sentencing in Los Angeles Criminal Cases
Another option is to go to the judge in that criminal court. The judge also has the power to give a better sentence or a better offer in a criminal case. But the judge usually can't change the charges. The DA's office controls the charges, whereas the judge in a criminal case in Los Angeles will control the sentence.
So, you must bear that in mind when trying to resolve one of these cases. Believe it or not, I've had cases where I've worked out a deal with the prosecutor as to what my client will plead to and what the sentence will be.
The judge looks at the facts of the case and says, you know what, I'm not going along with this deal. I don't think this criminal defendant deserves such a good deal. So, you will either have to take it to another judge or change the deal.
Let me tell you something interesting and somewhat humorous. I've never seen a judge get a plea in a case and say, you know what, this is too harsh on the criminal defendant. I'm not going to go on with this deal. So, you have to bear this in mind.
You have to know how these court systems work. You have to understand the chain of power when it comes to the District Attorney's office in Los Angeles, and then you're in the position to answer the question of what you can do when the prosecutors do not change the offer in my case. You have to use strategy. You must have an attorney who knows how to handle your case. You have to be able to show mitigating factors.
Preparing Mitigation Package in Los Angeles Criminal Cases
A lot of times, what I'm doing is getting together what's called a “mitigation package,” where I'm showing the prosecutor all the mitigating things about my client, their situation, and their circumstances. Then, I can help my clients and put them in the best possible position.
Sometimes, I also investigate a case and get more information about it so that I can show the prosecutor that this case is not all that you think it is.
There's a lot more going on here, and I'm getting my client's version of events across because the police will typically do a one-sided investigation where they're not given all the information related to mitigating circumstances related to a criminal defendant. That's when I have to come in, show the other side, and get the result that is necessary for the client.
So, if you have a criminal case where the prosecutor is not being fair or not giving you the right offer, you're going to need to get somebody like me in there who will fight for you and knows how to work the system to get you the result you must have.
