Do you have any criminal accusations pending against you? Do you believe you should enter a guilty plea? Do not enter a plea without first learning about all of your choices, which includes plea bargaining. Here’s all you need to know about it. If you have questions, contact a criminal defense attorney in Tustin CA by calling Simmons Wagner, LLP at (949) 439-5857.
How Common Are They?
Plea bargaining is quite prevalent. They are, in fact, a critical instrument for preventing the criminal justice system from collapsing under the weight of a large caseload. Plea bargains are thought to account for almost 90% of criminal convictions, according to experts.
Is there a Plea in Every Case?
A plea bargain is technically feasible in every case since these agreements are made at the discretion of the DA/prosecutor and the defendant. However, depending on the strength of the evidence against you and your criminal history, the amount of relief you might expect from a plea agreement will vary.
If their case is weak, a prosecutor may be eager to strike a highly advantageous bargain, but if their case is strong, they may be less inclined to compromise. A good criminal defense attorney in Tustin CA will be able to offer you advice on the likelihood of getting a plea bargain for your particular criminal charge.
When Should You Look for a Plea Bargain?
There is no one-size-fits-all solution when it comes to plea bargaining. However, if you know you will not be able to win your case in court, it is preferable to seek a plea as soon as possible. This will relieve you of the worry and anxiety that comes with a protracted trial.
What is Charge Bargaining, and how does it work?
The criminal defense attorney in Tustin CA concentrates on decreasing the charge against their client and/or getting some of the charges withdrawn from the case during charge negotiating. When a felony is reduced to a misdemeanor as part of a charge bargain, this may be incredibly useful because a misdemeanor on your criminal record is far less damaging than a felony.
What is Sentence Bargaining, and how does it work?
Sentence negotiating permits convicts to receive less severe punishments than a judge could impose in court. Sentence negotiating can result in jail time being reduced or replaced with alternatives like community service, home arrest, or probation in some situations.
Should I enter a Not Guilty or Guilty plea?
You will have a felony conviction on your record whether you submit a “nolo contendere” (no contest) plea or a guilty plea as part of your plea bargain (unless your plea deal includes participation in some sort of diversion program). If you are concerned that the victim of the crime may initiate a civil claim against you, entering a plea of no contest is your only option. A guilty plea can be used against you in a civil lawsuit, although a no contest plea can’t.
What is the Secret to a Winning Plea Bargain?
The most crucial thing to understand regarding plea negotiation is that you will need the assistance of an expert attorney. Your attorney’s skills, which includes their knowledge of the specifics of your case, their grasp of the DA and prosecutor’s perspective, and their ability to negotiate for “creative sentencing,” is crucial to a successful plea that benefits your position the most.
Even if the prosecution offers you a plea on their own, keep in mind that this is not their best offer, and you have the option of hiring a defense counsel to assist you negotiate a better bargain.
Speak with an experienced criminal defense attorney in Tustin CA today
Simmons Wagner, LLP is a seasoned “creative sentencing” attorney who has successfully negotiated several favorable plea agreements for his clients. By contacting (949) 439-5857 and scheduling an appointment, you may get his expert advice on your matter right now.