Plea bargaining refers to discussions between the prosecutor and defense attorney about reaching a resolution that ends a case short of trial.
Plea bargaining is a normal part of any criminal case, whether or not you plan on proceeding to trial. We certainly recognize that many lazy, incompetent criminal defense attorneys push their clients to accept pleas. But at the same time, as competent, aggressive criminal defense attorneys, we wouldn’t be doing our jobs if we didn’t figure out what the government was offering.
Our criminal defense attorneys are always prepared to defend you at trial, and you’re never required to enter guilty plea in your case. Plenty of clients aren’t looking to fight their cases through trial, and instead are looking to simply accept responsibility for their actions. Sometimes simply fighting for a reduction in charges is enough. In other cases, avoiding prison or jail is a win. And finally, in all cases, ending a case reduces the constant stress of having a pending criminal charge.
There are certainly disadvantages to settling a case. The defendant waives certain rights when he settles a case. He can’t continue to trial (and earn a not-guilty verdict). He can’t file motions and challenge constitutional issues. And finally, the defendant waives certain appellate rights by entering a guilty plea.
Do I still need an attorney if I’m just looking to enter a plea in my case?
In short, yes. Because so many cases are settled, it’s crucial that your attorney have the ability to effectively negotiate a plea. The effectiveness of your lawyer relies on numerous factors, but we believe the most important is the willingness to go to trial. The government is going to take more seriously an attorney unafraid to proceed to jury trial. On the opposite end, if your lawyer is afraid to ever go to jury trial, the government realizes that and could approach you with a higher plea offer.
The reason it’s important is that there aren’t set pleas for certain offenses. While negotiating with the government, we present information on your character, weakness in the case, and other information. Knowing what to say, how to say it, and when to say it could result in a different plea for the same offense.
Contact Van Severen Law Office, S.C. immediately regarding your criminal case
At Van Severen Law Office, S.C., we’ll present you with a fair analysis of your case. And while presenting that analysis, we’ll never deny you the right to fight at trial. While fighting your case, the government will likely approach us with a plea offer. It’s entirely your decision whether you accept that plea offer or not.
If you’re fighting any kind of criminal case, contact our law firm immediately. We fight charges ranging from simple misdemeanors, through Class A felonies. No matter the situation you’re facing, we can help. Call us for a free consultation at (414) 270-0202.
