A plea bargain is the majority of criminal prosecutions in the US.If you have been charged with a crime, you will have the choice to accept a plea deal or go to trial.Plea bargains allow the defendants to accept a lighter punishment in order to save time for courts and prosecutors.If you use effective plea bargaining, you can get out of the court system more quickly, and get a lighter sentence.
Step 1: Have a lawyer represent you.
You are entitled to be represented by a lawyer in almost all criminal proceedings.Criminal defense lawyers resolve cases as efficiently and favorably as possible.A criminal defense attorney will have a professional relationship with the prosecution and the judge.A defense attorney in your area will have a better idea of how prosecutors approach plea bargaining.The Sixth Amendment to the United States Constitution guarantees a criminal defendant's right to be represented by an attorney.You may be at a disadvantage if you represent yourself without a lawyer's help.
Step 2: Consider having a public defender.
Criminal defendants have a right to be represented by a lawyer even if they can't afford one.The court will appoint a public defender if you can't afford a lawyer.Private defense attorneys may be appointed at no cost to you in some counties.Although public defenders are government employees, they owe the same responsibilities to their clients as a private defense attorney would.You may not meet the public defender until after your court appearance.You will be assigned a second public defender for the rest of the process if you only handle arraignments.
Step 3: Consider hiring a private defense attorney.
A friend or family member can help you with the hiring process if you can't do it on your own.When hiring an attorney, remember that almost anything you say to the attorney during your consultation is confidential, so be completely candid about your case.Outside of the presence of your attorney, don't discuss your case with family members, police, cellmates, friends, business colleagues, or prosecutors.Anything you say to your spouse is privileged, but little else is, and almost anyone else can testify against you.Ask for referrals.Many attorneys use referrals and word-of-mouth to find clients.Ask family and friends to recommend a criminal defense attorney.If you know an attorney who doesn't practice criminal defense, he or she may be able to refer you to a colleague who does.You can find certified criminal law specialists on your state bar's website.The state bar is a governmental office that oversees attorneys practicing law in the state.Some attorneys are certified as specialists by their state bar.Search for certified criminal law specialists on your state bar's website.Attorneys' contact information will be listed on the website.Refer people to your local or county bar association.Ask your local bar association to operate a referral service.Most services interview potential clients about their legal issues, and then match them to a lawyer with experience in that area of the law.The lawyer will usually charge a small fee for the initial consultation.You can search online.You can use websites like Lawyers.com, Avvo, or even to locate and read client reviews for attorneys who specialize in criminal defense.Work on a fee arrangement.Some attorneys give free consultations, while others charge a small fee.You can compare-shop and consult with several attorneys before hiring one to work on your case.Some attorneys charge a flat rate while others charge by the hour.Alternative forms of payment, such as a car or something else of value, may be accepted by your attorney.
Step 4: You should be aware of what happens after your arrest.
The police will collect evidence after you are arrested.The police report is forwarded to the district attorney in many places.The district attorney makes a decision on whether or not to file a complaint.The prosecutor decides whether to file a complaint after reviewing the police report.You have the right to be represented by an attorney if a complaint is filed against you.
Step 5: You can enter a plea at your court appearance.
It is your first court appearance.You can enter a plea for the first time.The guilty pleas are possible.You agree to accept the recommended punishment if you plead guilty.Nolo contendere.In most states, "no contest" means that you are not contesting the charges against you.The prosecution is over.A guilty plea can be used against you in a civil case, while a plea of nolo contendere cannot.In felony cases, guilty and nolo contendere are the same.Not guilty.The prosecutor will take your case to trial if you plead not guilty.At a later stage of the prosecution, you can still accept a plea deal.The judgment of conviction or acquittal can be double jeopardy.You may be protected from a second prosecution if another case was brought against you.Not guilty by reason of insanity.An insanity plea requires you to prove that you weren't responsible for the incident.You will need to argue an insanity defense at the trial.At a later stage of the prosecution, you can still accept a plea deal.
Step 6: Continue to follow the case.
The prosecution will continue with its case if you plead not guilty.During the next stages, you can continue to engage in plea bargaining.Depending on how the case goes, you may get a better deal later than the one you started with, or no deal at all.Discovery is the process of collecting and exchanging information in order to prepare for trial.Both sides will look for witnesses and get statements from them.Sometimes one side will find good evidence, other times they won't be able to find the witnesses they thought they would find.A motion asks the court to resolve a dispute or direct the parties to do something.plea bargaining can be influenced by the outcome of each motion.A motion to have an important piece of evidence excluded from the prosecution's case can be argued by a defense attorney.The prosecutor presents evidence and witnesses to prove that there is enough evidence to continue with the trial.The introduction of evidence can be objected to by the defense.The prosecution and defense will try to convince the jury that you are guilty or not at the trial.The jury will deliberate before reaching a decision.During the trial and jury's deliberations, you can still engage in plea negotiations.You will be sentenced once the jury returns a guilty verdict.
Step 7: Know what plea bargaining is.
The prosecution will try to negotiate an agreement where the person pleads guilty in exchange for something else.The majority of criminal cases are resolved this way.The case will go to trial if the two sides can't reach an agreement.If the person is found guilty at trial, the punishment will be more severe than the deal that was offered.
Step 8: You should rely on your attorney to handle the negotiations.
Most aspects of your case can be handled in a way that your attorney feels is best.The decision to accept or decline a plea deal is up to you.Your attorney will try to get you a plea deal.When the prosecution makes an offer, your attorney will discuss it with you.
Step 9: You can find out what kind of plea deal will be offered.
It is possible for you and your attorney to find out what kind of punishment is typical in your jurisdiction.At the beginning of your case, gather as much information as you can.This should give you a place to start in your negotiations and teach you how to differentiate between a good deal and a bad deal.The "standard deal" is what you should find.If your case is common, your attorney will know what kind of standard deal to expect from the prosecutor.If your attorney is not sure what standard deal to expect, he or she can speak with other defense attorneys and the public defender's office for more information.The sentencing guidelines should be reviewed.Recommendations for punishments for crimes are provided in sentencing guidelines.Judges and prosecutors don't have to follow the guidelines.Your state's sentencing guidelines can be found online or in the court.You can learn about your judge.Your attorney may be able to find out about the judge's reputation from other attorneys.The prosecution may accept a more favorable deal if the judge is known to be less strict in cases like yours.The judge can give an indicated sentence.In some states, your attorney can ask the judge for an "indicated sentence".If you plead guilty, the judge will give you a punishment.
Step 10: The strengths and weaknesses of the case should be analyzed.
Depending on the available evidence and witnesses, your attorney will be analyzing the aspects of the case that the prosecution will need to prove.If the prosecution can't prove their case against you, you should be offered a more favorable plea bargain.The elements of the crime are what the prosecution needs to prove.A common definition of robbery includes five elements: 1) the taking, with the intent to steal, 2) the personal property of another, 3) against his or her will, and 4) by violence, intimidation or the threat of force.The elements of a crime can be found by referring to your state's penal code.
Step 11: Consider what could happen in the future.
You should consider the possible outcomes and what results you might be willing to accept before agreeing to a plea bargain.There are possible outcomes of plea bargaining.The prosecution may agree to dismiss the case if they think they aren't likely to win.The charges were reduced.The prosecution may be willing to reduce the charge against you to a less serious offense.Speeding tickets can be reduced to "failure to obey a regulatory sign".If you plead guilty to the remaining charges, some charges might be dropped.The sentence was lighter.Minimum and maximum sentences are used for most crimes.The prosecution may be willing to recommend a lighter sentence for you in exchange for your cooperation.If you agree to a plea deal, you may be asked to help the prosecution in either case.In exchange for a plea deal, you may be asked to testify against a co-conspirator.The requirement that you waive your right to appeal the conviction is a common condition.Depending on the law in your jurisdiction and the facts of your case, you may still be able to appeal an unfair sentence.Before accepting a plea deal, discuss the risks of waiving your right to appeal with your attorney.The prosecution and judge will try to reward you for accepting a plea deal early in the process.If your case goes to trial, you may still receive the maximum sentence if you do not accept a deal when it is offered.
Step 12: Negotiating with the prosecutor is a good idea.
If you and your attorney have a good idea of what the prosecutor is likely to offer, what deals you would be willing to accept, and the strengths and weaknesses of your case, it's time for you to talk to him.He or she can get in touch with the prosecutor's office.First, the prosecutor may contact your attorney.The strengths and weaknesses of the case should be argued by your attorney.Prosecutors may need to be reminded of the details when they handle many cases at once.The prosecutor will want to know which elements of the charges are hard to prove.New information about the prosecution's case will likely be learned by you and your attorney during plea negotiations.You should be prepared to consider new information and adjust your expectations.
Step 13: The prosecution is offering a plea deal.
The prosecutor should have presented a plea deal at the conclusion of the meeting.The terms of the deal will be explained to you by your attorney, who may advise you on whether it is a good or bad deal.Be realistic when considering whether or not to accept a deal from the prosecution.Don't expect a great plea deal if your case is weak.Sometimes the best option is to admit guilt, accept the punishment, and move on.Be flexible.If the prosecutor doesn't offer a good plea deal.It makes sense to accept the deal even if you don't get a better offer later.Don't give up too quickly.Plea bargaining is a negotiation.Prosecutors often over charge with more offenses than they think they can prove.Reducing or dropping charges can make a plea bargain more attractive.You should accept a deal quickly if you are overcharging.Let your attorney evaluate whether you have been charged too much.Propose alternatives.You can suggest alternatives, such as diversion programs or classes.Upon completion of a rehabilitation program, the crime will be expunged from your record.
Step 14: The case could be moved forward.
The deal offered by the prosecution may not be good enough for you and your attorney.The next stages of your case should be considered in that case.Until the jury delivers a verdict after trial, you can continue to engage in plea bargaining.After your defense attorney wins an important motion, the prosecution may offer a better deal in the future.If you do not plead guilty or withdraw your guilty plea, nothing you say during plea bargaining can be used against you.Nothing you said can be used against you in trial if plea negotiations fail.
Step 15: Review the plea deal.
The plea deal needs to be written by the prosecutor before it can be submitted to the judge.Check the written plea agreement with your attorney to make sure it's accurate and complete.
Step 16: The judge will approve the plea deal.
The proposed plea deal will be presented to the judge.If the punishment doesn't fit the crime, the judge may reject the plea deal.The judge will ask you questions to make sure you understand and agree to the plea deal.The judge will consider a number of factors in evaluating the deal, including the seriousness of the charges, past conduct, and criminal record.