Plea Bargaining

 

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:

  • Guilty plea for misdemeanor Domestic Violence instead of felony domestic violence.
  • Guilty plea for a simple DUI (23152 Vehicle Code) instead of a DUI with injury (23153 Vehicle Code).
  • Guilty plea for reckless driving (non-alcohol related) instead of a standard DUI/DWI.

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:

  • Whether the plea bargain is really going to result in a lesser penalty than what could be expected from a trial.
  • What the actual sentence is and when the defendant will be eligible for probation or parole.
  • Whether pleading guilty will have other consequences, for example, will the defendant have to register as a sex offender, get deported or lose his professional license
  • If the plea bargain is for probation, whether the defendant would realistically be able to comply with all of the conditions of probation.

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.

Law Office of Stephen G. Rodríguez
633 West 5th Street
26th Floor
Los Angeles, California 90071


Telephone
(213) 223-2173

 

 

If you have been charged with DUI we can help you, contact us today for more information.

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