95% of all cases end in a plea-bargain. Plea-bargaining is an excellent way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a rehabilitation program. Some judges and prosecutors are amenable to plea-bargaining, whereas others are not. Plea bargaining enables the judges to move cases through the legal process, and prosecutors to rack up convictions. Five things to ponder when considering a plea bargain: 1. A judge-approved guilty or no contest plea bargain may result in a criminal conviction. The conviction will show up as a criminal record. 2. The defendant may lose rights and privileges as if the defendant were convicted after trial. 3. A no contest plea says "I don't choose to contest the charges". 4. A guilty plea serves as an admission of guilt. 5. A plea bargain may result in a lighter sentence and completes the matter quickly. How to plea-bargain a good deal: 1. The defense must show responsibility for the crime is minimal. 2. The defense must show the impact of the crime elicited little damage. 3. The defense must explain mitigating circumstances that led to the crime. 4. The defense must establish weaknesses in the prosecutions case, such as lack of evidence or lack of witnesses or factual inconsistencies. 5. The defense must establish good character on the part of the defendant. The crime was a departure from normal conduct. 6. The prosecution and defense must mutually desire a reasonable settlement. 7. The impact on the defendants family or dependents would be a hardship. The prosecutor carries the burden of proof. The defendant is innocent until proven guilty. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty. The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers. The defendant must be certain to understand the charges filed, and to confirm if they are different from what they were at the time of arrest. It is critical that the attorney and defendant manage the details. Cases are won and lost in the details. In many cases it is advisable to hire an investigator to design and implement a sound strategy to put the details on the defendant's side. The appeals process works differently state-by-state. However, in most states, an appeal goes from the Criminal Court to the State Court Of Appeals to the State Supreme Court. Misdemeanor cases are usually heard in lower court. Felony cases are usually heard in upper court. The defendant's attorney has several motions he can utilize through the criminal process. A motion to dismiss evidence can be filed at the preliminary hearing if the defense attorney believes the evidence is insufficient. The motion to suppress evidence can be filed by the defense attorney when there may be grounds to suppress physical evidence taken from the defendant or statements made by the defendant. Back to the Criminal Case Process |
In the end, Justice for All, Thor 06
Plea Bargaining
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ROBINSON, BETTS & O'NEILL, PLLC
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