What Is The Purpose Of A Plea Bargain?
In a criminal case, both parties convene to discuss a possible agreement that could resolve the matter. Prosecutors filed the case, and realistically, it can only be filed against you in a limited number of ways. At this point, the prosecutors may have made a mistake or become confused.
One avenue your defense attorney could pursue is convincing the prosecutors that they made a mistake, that the filing deputy didn't look at the case, that they didn't have all the facts, or that they had some incorrect facts, potentially leading to a dismissal of the case. However, this is a rare occurrence due to the thoroughness of the prosecution's review.
Another option is to go to trial and be found not guilty, thereby settling the matter. You could also go to trial and lose, in which case the judge will sentence you, resolving the case. The final way would be to enter into a plea bargain with the prosecutors. In the plea bargain case:
- I will discuss with my client to either plead guilty or no contest because the evidence against them is clear.
- We will discuss the terms of a deal with the prosecutors regarding an appropriate sentencing.
- It will be my job to use my experience to consider the presented evidence.
I can also bring any other mitigating factors to the prosecutor's attention to convince them to give them what my client wants.
Not every DUI case goes to trial because thousands of DUI lawsuits are filed every year in Los Angeles County, and the courts would be overrun. I would say better than 95% of them are handled through a plea bargain. Our Los Angeles criminal defense lawyers will review this topic further below.
If I Accept A Plea Bargain, Does That Mean I Forfeit the Right to Appeal?
When you agree to a plea deal with the prosecutor, you typically waive your right to appeal. This is because you have agreed to the terms of the deal, which are usually final.
You will fill out a waiver form giving up your constitutional rights in favor of the plea deal, which will be taken on the record. Unless some of your rights are violated during the case, you will not usually have grounds for appeal.
An issue arises when a non-citizen gets into a DUI case. Their immigration attorney will advise them to withdraw the plea and refile it in court.
They come up with reasons they needed help understanding what was said to them, or certain things were left out of what they were told. In such cases, people may file to withdraw their appeal, but these cases are often difficult to win.
Increase In Plea Deals Now Under The New DA In Los Angeles County
Regardless of how harsh or lenient the DA is, there will have to be plea deals to resolve some of the cases presented. In the vast majority of cases:
- the individual arrested is guilty and will have to work out a plea deal.
- if they go to trial, they're going to lose;
- get convicted on every charge, and;
- receive the worst possible sentences.
Most will be resolved through a plea deal. These cases will be determined more simply because the prosecutor's new policy will be more lenient. Additionally, the pandemic has caused a backlog of cases awaiting jury trials. The person has been arrested in many cases, but no lawsuit has been filed due to the pandemic.
There's a whole host of issues that the courts and prosecutors are about to deal with, and I think the combination of the DA's more lenient policies and the pandemic will resolve many of them. I have several severe cases that I believe will be resolved due to our current state of the climate, political landscape, health, and court system.
Can You Get A Lesser Charge Before Charges Are Even Filed?
It's possible, but challenging to get prosecutors to talk to you before the case is filed at the state level. It would have to be a severe case where the prosecutors are involved in the filing decision and the investigation.
It's much more probable at a federal level that they would allow you to work out a resolution before the case is even indicted in the federal court. However, the filing deputies are responsible for filing many cases at the state level. If they had to deal with defense attorneys, they would need to do their job more effectively.
It would take too long, and they have too many cases coming across their desk, so they are usually fairly isolated. The best you can often do is send them a letter with your client's position and any mitigating factors that may convince them not to file the case altogether or file lesser charges.
Criminal Defense for California Crimes
The best course of action is to hire an attorney early if you know you are being investigated or charges will be filed against you.
By securing legal representation early, you can potentially influence the direction of your case and increase your chances of a favorable outcome. Your attorney will be able to take certain actions during the investigation and decision-making process that you would not be able to do if preparing to defend yourself.
It would be best to have an attorney right away to achieve the best results. Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436.
We serve individuals in all Southern California courts, including Los Angeles County, Orange County, Ventura County, Riverside, San Bernardino, and Hollywood—call (213) 542-0979 for a free case evaluation.
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