Negotiating with Prosecutor In A Los Angeles Criminal Case
A lot of my clients realize that they're probably going to end up with some sort of a conviction related to their criminal case because the prosecutors have evidence – whether it be witnesses, video evidence, or some other form of evidence against them.
The question becomes what are they going to have to plead to and what are going to be the terms of any probation or any sentence that they get. Part of that has to do with negotiation, commonly known as plea bargaining. So, this issue comes up all the time of what can the client and the attorney gives the prosecutors prior to any negotiation?
A lot of times, if I'm going to negotiate a serious case, I like to set up a face-to-face meeting with the prosecutors and then send a mitigation package or letter right before the meeting.
I highlighted key areas that I want them to focus on from a defense standpoint and put them in letter form. I attach whatever other information I think is appropriate related to the mitigating circumstances surrounding a criminal case in Los Angeles that my client is charged with.
So, I'll attach character letters. Sometimes, I'll get a report from an expert—whether it be a medical expert or some sort of psychiatric report—depending on the type of case and the circumstances of the case.
Once I give the prosecutors whatever I'm going to give them, I sometimes also ask the client for some things.
This will depend upon the type of criminal case and the mitigating stuff we've got that can help us convince the prosecutors to give the client what they want—charge and sentence-wise. Those same things can also be used when arguing with the judge for a sentence.
The same things you give the prosecutors a lot of time, I'll give that same thing to the judge if I'm going to argue with the judge to get a particular sentence that I deem appropriate under the case's circumstances.
Once I give them a thumbnail sketch of the mitigating circumstances, now when I go into the meeting, I'm not reinventing the wheel regarding negotiation for a criminal case in Los Angeles.
I've now set the foundation and stage to go in there and hit them with my best argument. Now, I am really going to key in on the most important points that give my client the best chance to get the best charge and the best sentence.
Knowing How the Prosecutor Deals with Los Angeles Criminal Cases
Now, I'm going to expand upon the defense's strongest mitigation points in a criminal case to try to resolve this matter.
If you don't do this beforehand, what ends up happening is you're going to go into some long-rambling speech. The prosecutor is not going to want to listen to all that.
They don't have the time to listen to you, so you've got to set the stage by laying out the key crucial points and then going in there and giving them your best stuff face-to-face when you can convince them of your position.
You must also read your audience and know what type of prosecutors you're talking about. In other words, what kind of information might move them in the case? Who is this prosecutor?
What's their attitude? How do they feel about the case? I try to get clues from the prosecutor in charge about what their boss might be thinking before I go in there and negotiate with them to resolve this criminal case.
Once I've got my clues, I'm going to go in there ready to diffuse whatever arguments they have and highlight the best arguments that we have so we can end up with the best result in this criminal case. Typically, you're sitting down and discussing the case in these negotiations.
You're going to get one shot at it. These guys are busy. They need more time to keep messing around with the case. They're civil service employees.
You have to go in there with your strongest, best foot forward and have all your information available when you go there. It's up to the criminal defense attorney to get that argument across. It would be best to meet the prosecutor about what they're concerned about and show them that they don't need to be concerned about your client.
We can show them exactly why they don't need to be concerned about that and then present your strongest argument so you can negotiate the best possible resolution for your criminal defendant.
