Plea Bargain vs. Trial
Most people who are charged with committing a crime
will have to decide whether to go to trial
or to accept a plea bargain. Plea
bargains are available to the innocent and guilty,
alike. The reason why a prosecutor may engage in a
plea bargain even when the prosecutor believes the
defendant is guilty is that they are physically unable
to go to trial on every case. There are not enough
courts or prosecutors to try every case and some prosecutors
have enormous case loads. Additionally, some cases
are just weak and witnesses are unavailable or reluctant
to testify, and a prosecutor may feel that it is better
to get a conviction and some punishment than none
at all.
Likewise,
even a totally innocent defendant, may want to plea
bargain because you never know what will happen at
trial. If you get a good jury---you may win. Get a
bad jury and an inexperienced trial lawyer and you
may lose even if you are innocent. A negotiated plea
bargain lets you know in advance what you are pleading
to and what the exact punishment will be.
Plea Bargains in Los Angeles,
California
In Los Angeles County, prosecutors are under significant
pressure to negotiate plea agreements
– in California, a criminal trial
costs approximately $10,000 per day to prosecute,
prosecutors have very heavy case loads, the jails
are crowded and the criminal court calendars are full.
A plea offer is made in almost every
case; but the decision about whether to accept a plea
bargain belongs to the defendant alone. It
is extremely important to hire a criminal defense
attorney who understands the details and consequences
of a plea offer, who will aggressively
negotiate when his client can get a better deal, who
is willing to take a case to trial, and who has the
experience it takes to win.
How
Plea Bargaining Works
Plea bargaining can happen at almost
any point of a criminal prosecution – from the
initial court appearance (arraignment)
to the steps of the courthouse on the first day of
trial. In most plea bargains, the
person charged pleads guilty or “no contest”
(in some cases to a lesser charge) in exchange for
a less serious sentence and/or for a dismissal of
certain charges. For example, if the defendant has
been charged with felony domestic violence
or misdemeanor DUI in Los Angeles,
California, depending on the circumstances, the following
plea bargains may be struck by the
prosecutor and the defense attorney:
The
prosecutor may even agree to reduce the DUI / DWI
charge to a traffic infraction in some rare cases.
Plea bargain options can be very
complex and depend heavily on the strength or weakness
of the prosecution’s case. The prosecutor’s
offer will also probably get better as the trial date
gets closer. In most cases, it will not be in the
defendant’s best interest to accept the first
plea offer. Before agreeing to any plea
agreement, a defendant should completely
understand the following:
Hire the Right Criminal Defense
Attorney
It is important to hire an experienced criminal defense
attorney with trial and negotiation experience. An
effective and experienced los
angeles criminal defense attorney can
properly evaluate the strengths and weaknesses of
the prosecutor’s case as well as the potential
penalties the defendant would be subjected to if the
case went to trial and lost.
I
am Stephen G. Rodriguez, and I have represented clients
facing criminal charges ranging from shoplifting to
murder. I am an experienced trial attorney who is
not afraid to take a case to trial – I never
negotiate a plea agreement for my own convenience,
and will do what it takes to get the best outcome.
When I represent a client, I strive to provide accurate
information, to clearly communicate options, and to
completely answer questions. I want my clients to
feel informed, and to be secure with the decisions
they make. My past clients constantly reaffirm my
proven track record of having criminal charges dismissed
or reduced.
Please
contact our office to discuss the facts of your case.
For a free confidential consultation, please call
the firm's Los Angeles, California office telephone
1(213) 223-2173.